1. (a) Prior to the adoption of any rule, the agency shall give at least 30 days' notice of its intended action. Notice of the proposed rule shall be filed with the secretary of state and published by the secretary of state in the Texas Register. No rule or regulation proposed for adoption may be adopted until such proposed rule or regulation has been published in the Texas Register as provided by law. The notice shall include:

   1. (1) a brief explanation of the proposed rule;
   2. (2) a statement of the statutory or other authority under which the rule is proposed to be promulgated;
   3. (3) a request for comments on the proposed rule from any interested person; and
   4. (4) any other statement required by law.
2. (b) Each notice of a proposed rule becomes effective as notice when published in the Register. The notice shall be mailed to all persons who have made timely written requests of the agency for advance notice of its rule-making proceedings. However, failure to mail the notice does not invalidate any actions taken or rules adopted.
3. (c) Prior to the adoption of any rule, the agency shall afford all interested persons who have made timely requests reasonable opportunity to submit data, views, or arguments, orally or in writing.
4. (d) If the agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing that it finds practicable to adopt an emergency rule. Such an emergency rule or regulation or amendment(s) to any of the board's rules or regulations may be instigated by one of the officers of the board, and such officer may conduct a poll by mail or telephone and arrive at a decision when the majority of the board finds that such an emergency rule, regulation, or amendment(s) needs to be adopted. This section may be effective for a period of not longer than 120 days, renewable once for a period not exceeding 60 days, but the adoption of an identical rule under subsections (a) and (c) of this section is not precluded. An emergency rule adopted under the provisions for this subsection and the agency's written reasons for the adoption shall be filed in the Office of the Secretary of State for publication in the Texas Register.
5. (e) The agency may use informal conferences and consultations as means of obtaining the viewpoints and advice of interested persons concerning contemplated rule-making. The agency also may appoint committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rule-making. The powers of these committees are advisory only.
6. (f) Any interested person may petition the agency requesting the adoption of a rule. Any such petition must be presented in substantially the form set forth in §107.62 of this title (relating to Petition for Adoption of a Rule). At the board's next meeting after submission of a petition the agency either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule-making proceedings in accordance with the provisions of this section or may schedule hearings to determine the necessity of such requested rule.

Source Note:The provisions of this §107.60 adopted to be effective January 1, 1976; amended to be effective May 3, 1976, 1 TexReg 1003; amended to be effective May 24, 1976, 1 TexReg 1252.