Sec. 36.1011. EMERGENCY RULES. (a) A board may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and hearing, if the board:
(1) finds that a substantial likelihood of imminent peril to the public health, safety, or welfare, or a requirement of state or federal law, requires adoption of a rule on less than 20 days' notice; and
(2) prepares a written statement of the reasons for its finding under Subdivision (1).
(b) Except as provided by Subsection (c), a rule adopted under this section may not be effective for longer than 90 days.
(c) If notice of a hearing on the final rule is given not later than the 90th day after the date the rule is adopted, the rule is effective for an additional 90 days.
(d) A rule adopted under this section must be adopted at a meeting held as provided by Chapter 551, Government Code.
(e) This section does not apply to the Edwards Aquifer Authority.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 4, eff. September 1, 2005.
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