Current through Reg. 50, No. 13; March 28, 2025
(a) Any
interested person may petition for the adoption, amendment, or repeal of a rule
to the commission's Executive Director.
(b) A petition under this section must be in
writing and contain the following minimum requirements:
(1) It must specify or otherwise make clear
that the petition is made pursuant to the provisions of the Administrative
Procedure Act.
(2) It must clearly
state the body or substance of the rule requested for adoption, and, if
appropriate, relate the requested rule to an adopted rule or rules of the
commission.
(3) It must contain the
petitioner's full name, address, telephone number, and signature.
(4) It must be signed by the petitioner with
the date the petition is submitted.
(5) It must include the chapter and
subchapter in which, in the petitioner's opinion, the rule belongs, and the
proposed rule text of a new rule or the text of the proposed rule change
prepared in a manner to indicate the words to be added or deleted from the
current text, if any.
(6) It must
include a statement of statutory or other authority under which the rule is to
be promulgated; and a brief explanation of why the rule action is necessary or
desirable.
(7) The person or
persons submitting a petition for rulemaking must state whether or not they are
the following:
(A) a resident of this
state;
(B) a business entity
located in this state;
(C) a
governmental subdivision located in this state; or
(D) a public or private organization located
in this state that is not a state agency.
(c) The Executive Director or the Executive
Director's designee shall evaluate the merits of the proposal.
(d) In accordance with Texas Government Code
§
2001.021 (c), the
commission shall respond to the petitioner within 60 days of receipt of the
petition. The response shall:
(1) advise that
rulemaking proceedings will be initiated; or
(2) deny the petition, stating the reasons
for its denial.
(e) If
rulemaking procedures are initiated under this section, the version of the rule
which the commission staff proposes may differ from the version proposed by the
petitioner.
(f) Adoption of this
rule is required of state agencies by Texas Government Code §
2001.021
(b).
