(a) A document which is being adopted by reference follows the same requirements as other rule actions specified in §91.61 and §91.65 of this title (relating to Electronic Procedures for Filing Rules and Miscellaneous Documents and Procedures for Filing Rules); however, the actual text of the ABR material need not conform to the Texas Register format requirements and will not be published in the Texas Register or TAC. You may adopt the following documents by reference:
- (1) federal statutes and regulations;
- (2) state statutes and regulations;
- (3) state plans, including those circulated under OMB Circular A-95 for review and comment; and
- (4) forms.
- (b) The director of the Texas Register must approve ABR information not listed in subsection (a)(1)-(4) of this section before you adopt it by reference. To be eligible for ABR the information must be cumbersome, expensive, or otherwise inexpedient to include in the Texas Register.
- (c) Give notice of intention to adopt by reference in the form of a numbered rule and, except for federal or state statutes or regulations, note the revision date of the ABR document. Except for rules adopting federal or state statutes or regulations, amend the rule to adopt a newer version of the ABR document.
- (d) Agencies are responsible for maintaining and distributing to interested parties all versions of the ABR. We are responsible only for maintaining the most current version of ABR material for public inspection purposes.
Source Note:The provisions of this §91.73 adopted to be effective February 17, 1998, 23 TexReg 1289.