Texas Government Code – Administrative Procedure Act §2001.039
TBPG is beginning its four-year rule review in 2018. Per Texas Government Code §2001.039, every state agency must review and consider each of its rules for re-adoption at least every four years. Beginning with the February 2018 Committee and Board meetings and going forward, each section of TBPG’s rules will be reviewed.
As TBPG conducts its four-year rules review, the Appointed Board wants to make every effort possible to elicit stakeholder participation in this process. There are a number of ways in which stakeholders may actively participate in the process.
First, as a matter of right under Rule §850.65, any interested party may request adoption of a rule at any time. Under Rule §850.65, the request should contain: (1) items to be deleted should be struck through; (2) items to be added should be underlined; and (3) the rationale for the requested rule change.
Second, see the “Your Resources” section, below. You will find links to the Statute and Rules so you can read them to determine where you see Rules that should be re-adopted, amended, or repealed. Also, you will find the Guiding Principles for this Rule Review process. You will also find a timeline for the Rule Review process as well as a Committee Assignment guidance document.
Third, before and during the Committees’ upcoming meetings, stakeholders may submit ideas and thoughts. At this initial stage, ideas and thoughts may be submitted in virtually any form, including in the form of Petition under Rule §850.65. This is to help the Committees understand which rule concerns you have and why, so the Committees may focus their effort in the areas that are most important to you. Stakeholders may provide narrative feedback on how the Board’s rules do or do not facilitate/help the public practice of geoscience. Stakeholders may also submit ideas on how the Appointed Board could change wording, suggest proposed wording, etc.
Fourth, as each Committee meets to review and deliberate ideas that had been submitted, each Committee will have an agenda item for public comments, to allow for input from the public regarding the rules review. In addition, as each Committee reports its recommendations to the full Board, the full Board will also have an item on the agenda for public comments. Your written and verbal participation is important during these deliberations.
Fifth, the changes to TBPG rules as a result of the Rule Review will occur via the normal State rule making process conducted through the Texas Register. In this process, the Appointed Board publicly votes on proposed Rule changes during a Board meeting. The proposed Rule changes are posted by the Appointed Board to the Texas Register and the public is given a certain window of time to submit comments. The Appointed Board again meets to consider these comments under a formal review process, having formal consideration requirements, before voting whether to adopt the Rule changes.
Hint: Read the Statute and Rules early and develop your ideas, thoughts, and markups as soon as possible. Get your input to the Appointed Board early in the process so the Committees and the Board have adequate time to consider. This is your opportunity to make a significant contribution to improving our government.
Please note the following links for more information on the review: