16 Tex. Admin. Code § 60.102
Current through Register Vol. 49, No. 48, November 29, 2024
Section 60.102 - Petition for Adoption of Rules(a) In accordance with Texas Government Code § 2001.021, any interested person may request that a rule be adopted, amended, or repealed by submitting a written petition for rulemaking to the department (rulemaking petition).(b) An interested person, as defined by Texas Government Code § 2001.021, must be: (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.(c) The written rulemaking petition must include:(1) the person's full name, mailing address, telephone number, and email address;(2) a statement explaining how the person qualifies as an "interested person" as explained under subsection (b);(3) a summary and explanation of the draft rule change;(4) the rationale and justification for the draft rule change or the reasons why the person believes the rulemaking is necessary;(5) a statement addressing whether there would be a cost to anyone impacted by the draft rule change, if the cost information is known or readily available;(6) if proposing a new rule, the text of the new rule in the exact form that is desired to be adopted, with the new text underlined; and(7) if proposing an amendment or repeal, the specific section and text of the rule the person wants to change, with deletions crossed through and additions underlined.(d) A rulemaking petition will be denied if: (1) it is submitted by a person who does not qualify as an "interested person"; or(2) it does not contain the required information listed under subsection (c).(e) The rulemaking petition must be submitted electronically on the department's website at https://ga.tdlr.texas.gov:1443/form/RulemakingPetition (select the appropriate chapter name); by facsimile to (512) 475-3032; or by mail to Office of the General Counsel, ATTN: Rules Coordinator, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711.(f) Not later than 60 days after the date of submission of a petition that complies with the requirements of this section, the executive director or the executive director's designee shall review the petition and shall respond in writing either: (1) denying the petition and stating the reasons for the denial; or(2) informing the petitioner that the department will initiate a rulemaking proceeding under Texas Government Code, Chapter 2001.(g) Repetitive Petitions. The executive director may deny a rulemaking petition if, within the preceding year, the executive director or the executive director's designee has considered a previously submitted petition for the same rule.16 Tex. Admin. Code § 60.102
The provisions of this §60.102 adopted to be effective July 1, 2009, 34 TexReg 4326; Amended by Texas Register, Volume 41, Number 05, January 29, 2016, TexReg 794, eff. 2/15/2016; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8634, eff. 1/1/2023