The legislature is one of the three arms of the government credited with the responsibility of making laws and amending the old ones. The standard procedure is to have elected representatives who then make their contributions on behalf of the people they represent. However, some legislatures (like the case Texas) never undertake the process of making laws by themselves, and they ensure that the people they represent are involved in the whole process.
Rulemaking in Texas is a process that endeavors to ensure public participation. Through the Texas Register, the state avails all the proposed and adopted rules as well as the notices of state agency review of agency rules. The intention is to make sure that the citizens get a chance to give their feedback on regulations that affect their lives, and make a direct contribution to the law making process; in most jurisdictions, the citizens delegate that exercise to their elected representatives.
For example, last year, 20th December to be precise, the secretary of state published new proposals meant to curb the spread of exotic aquatic species. Although the legislature had passed House Bill 1241 to deal with the same issue, the proposed amendments would include more counties to prevent the easy spread of zebra mussels from one basin to another. Zebra mussels are considered non-indigenous aquatic species with the potential to cause major environmental disruptions.
The presence of zebra mussels in Lake Belton that is close to Silthouse Hollow Lake prompted the agency to act because Bell was not one of the counties in which the regulation covered. In addition, the agency realized that Interstate Highway 35 corridor used by many boaters and anglers could be a potential route for spreading zebra mussels from the basins where they are allowed to exist (Texas Register). The proposal also stipulates the exceptions to the rule; for example, people taking part in fishing tournaments on water bodies within the counties affected by the rule would be exempted from the rule (Texas Register).
When the citizens receive such a proposal or any other document published in the Texas Register, the most obvious question will be how to make a useful contribution. To make a contribution, people are given a number at the end of each proposal to call so that they can be given directions on where to direct their opinions. In this case, the feedback given by the people of Texas would be directed to the Texas Parks and Wildlife Department.
As a norm, the earliest possible date of adoption would be after 30 days. That waiting period is envisaged to be enough to allow people to give their feedback, and allow for any amendments to be made. Therefore, it makes sense to send all the feedback before the date given as the earliest possible date of adoption.
In conclusion, Texas is one of the states that attempt as much as possible to get the input of the public when making the laws for the state. The Texas Register acts as the journal of the state containing all the proposed rules and the ones amended as well as the appointments made by the state. The people have the opportunity to read both the electronic and print Texas Register and get back to the department preparing the rule to get directions on the process to use to write a formal feedback addressing the issues raised.
Works Cited
The Texas Register. December 20, 2013 Issue of the Texas Register. n.d. 4 July 2014 <http://www.sos.state.tx.us/texreg/pdf/backview/1220/index.shtml>.
