Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 1 - GENERAL ADMINISTRATION
Subchapter A - RULES OF PRACTICE AND PROCEDURE
Division 2 - RULE MAKING PROCEDURES
Section 1.202 - Public Proposals or Petitions for Rule Making
Current through Reg. 50, No. 13; March 28, 2025
(a) Scope of Sections. The procedures for public petitions for all rule making, including rule making under Government Code, § 2001.021, and the Insurance Code, Articles 5.96(b) and 5.97(b), shall be governed by the provisions of these sections to the extent not governed by statute.
(b) Filing of Petition and Duties of Chief Clerk. Petitions for rule making from interested persons shall be submitted to the Office of the Chief Clerk. Once the petition has been submitted, the Office of the Chief Clerk will take the actions described in paragraphs (1)-(3) of this subsection, as follows:
(c) Staff Response. The Department staff shall provide its analysis and recommendation on the proposal, through the appropriate associate commissioner, to the commissioner in Texas Register form.
(d) Action by the Office of the Chief Clerk. Unless staff's recommendation is substantively identical to the petitioner's recommendation or the petitioner has agreed to staff's changes, the Chief Clerk's Office shall complete items in paragraphs (1) and (2) of this subsection, as follows:
(e) Commissioner Action. Action on the petition seeking to initiate a rule making proceeding is in the sole discretion of the commissioner; staff's recommendations are not binding on the commissioner. The commissioner may act on the petition without a hearing. After review and consideration the commissioner shall take one of the actions set out in paragraphs (1)-(3) of this subsection. In all cases, the Office of the Chief Clerk shall provide to the petitioner a copy of the commissioner's order and/or notice of proposed rule filed with the Texas Register.