Texas Administrative Code
Title 1 - ADMINISTRATION
Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS
Chapter 253 - PRACTICE AND PROCEDURE
Section 253.1 - Petitions for Rulemaking before the Commission
Universal Citation: 1 TX Admin Code ยง 253.1
Current through Reg. 49, No. 38; September 20, 2024
(a) Petition for Rulemaking. Any interested person may petition the commission requesting the adoption of a new rule or the amendment of an existing rule.
(1) The
petition shall be in writing and shall include a brief explanation of the rule,
the reason(s) the new or amended rule should be adopted, the statutory
authority for such a rule or amendment, and complete proposed text for the
rule. The proposed text for the rule shall indicate by striking through the
words, if any, to be deleted from the current rule and by underlining the
words, if any, to be added to the current rule.
(2) Upon receipt of a petition for rulemaking
by the agency, the executive director of the commission or his or her designee
shall submit a notice for publication in the miscellaneous documents section of
the Texas Register. The notice shall include a summary of the
petition, the name of the individual, organization or entity that submitted the
petition, and notification that a copy of the petition will be available for
review and copying at the commission's offices. Comments on the petition shall
be due three weeks from the date of publication of the notice. Failure to
publish a notice of a petition for rulemaking in the Texas
Register shall not invalidate any commission action on the petition
for rulemaking.
(3) Within 60 days
after submission of a petition, the commission either shall deny the petition
in writing, stating its reasons for the denial, or shall initiate rulemaking
proceedings. If the commission does not consider and address the petition in an
open meeting during the 60 days, the executive director of the commission shall
initiate rulemaking proceedings.
(b) Commission Initiated Rulemaking. The commission may initiate rulemaking proceedings on its own motion or on the motion of the executive director of the commission. Nothing in this section shall preclude the executive director of the commission or his or her designee from consideration or development of new rules or amendments to existing rules without express direction from the commission.
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