1. (a) While a proposed rule is being reviewed by the division, the state agency must provide to the division:

   1. (1) copies of any administrative records regarding the proposed rule created, received, or consulted by the state agency after submission of the proposed rule to the division, including any information or comments received from the public after the submission; and
   2. (2) any amendments to the proposed rule that the state agency intends to adopt and that were not included in the proposed rule submission.

2. (b) If a state agency supplements a proposed rule submission under subsection (a) of this section with a substantial amount of administrative records or with an amendment that significantly changes the proposed rule in nature or scope, the division may:

   1. (1) require the submission of an updated rule submission memorandum;
   2. (2) re-open or extend the public comment period on the proposed rule; and
   3. (3) deem the supplemented submission a new submission, including restarting the 90-day period for the division to issue a determination letter approving or rejecting the proposed rule.

Source Note:The provisions of this §5.206 adopted to be effective October 14, 2020, 45 TexReg 7237.