Current through Reg. 49, No. 38; September 20, 2024
(a) It is the policy of the Board to
encourage public input and negotiation in the Board's rulemaking
process.
(b) A petition to initiate
a rulemaking proceeding pursuant to §
2001.021,
Government Code, must be submitted to the Board's offices in writing. A
petition must include:
(1) a brief explanation
of the proposed rule;
(2) the full
text of the proposed rule, and, if the petition is to modify an existing rule,
the text of the proposed rule prepared in the same manner as an amendment to
legislation that clearly identifies any words to be added or deleted from the
existing text by underscoring added words and striking through words to be
deleted;
(3) a concise explanation
of the legal authority to adopt the proposed rule, including a specific
reference to the particular statute or other authority that authorizes
it;
(4) an explanation of how the
proposed rule would protect life, health, property, and public welfare within
the jurisdiction of the Board;
(5)
all available data or information showing a need for the proposed
rule;
(6) the identity of the
petitioner and sufficient information to demonstrate eligibility to petition
for rulemaking under subsection (c); and
(7) such other information that the Board or
the staff of the Board may request.
(c) Eligibility to petition for rulemaking
under subsection (b) shall be limited to:
(1)
a resident of this state;
(2) a
business entity located in this state
(3) a governmental subdivision located in
this state; or
(4) a public or
private organization located in this state that is not a state
agency.
(d) The Board
may initiate a negotiated rulemaking process pursuant to Chapter 2008,
Government Code, upon:
(1) the filing of a
petition to initiate the rulemaking proceeding under subsection (b) of this
section;
(2) the filing of a
petition to initiate negotiated rulemaking proceeding with regard to a rule
that has been proposed by the Board; or
(3) a determination by the Board that
negotiated rulemaking would be beneficial to the Board's consideration of a
proposed rule.
(e) The
Board may select any method of negotiation specified in Chapter 2008,
Government Code, including the appointment of a convener, a negotiated
rule-making committee, and a facilitator. The Chairman shall make all
appointments involved in the negotiated rule-making process.
(f) The Board may adopt, amend, or refuse to
adopt a rule created through the negotiated rulemaking process. The Board may
not adopt any rule or any provision within a rule that the Board has no legal
authority to adopt.
