Section 91.38 - How to Withdraw a Proposed or Emergency Rule(a) Complete a Withdrawn Rulemaking form. Access the form on the Texas Register web site under the link "For Liaisons Only" using the User Name and Password described in § RSA 91.3(b) of this title (relating to Liaison and Certifying Official). Submit the form either: (1) electronically over the web; or(2) by fax to the Texas Register office.(b) You may submit a preamble explaining why the rule is withdrawn, but it is not required. If you submit a preamble, save it in "Text Only (*.txt)" format. Name files using the month and date of submission followed by a decimal point and the agency code assigned by the Texas Register. If you submit more than one file on the same day, insert a letter in sequence after the date and before the decimal point. For example: The file name 0715.004 indicates that a file was sent on July 15 by the Office of the Secretary of State while the names 0715a.004 and 0715b.004 indicate a second and third file were sent on the same day. If you are using e-mail, include the file name in the subject line. You may submit more than one rulemaking document in an electronic file. Submit the file using either e-mail or ftp (file transfer protocol).(c) The withdrawal takes effect immediately upon filing or at a later date stated on the form.(d) If an agency fails to adopt or withdraw a proposed rulemaking action within six months, the Texas Register will publish a notice of automatic withdrawal. (Also see §91.36(a) of the title (relating to How to File Adopted Rules).)1 Tex. Admin. Code § 91.38
The provisions of this §91.38 adopted to be effective March 23, 2003, 28 TexReg 2303