16 Tex. Admin. Code § 403.110

Current through Register Vol. 49, No. 48, November 29, 2024

Section 403.110 - Petition for Adoption of Rule Changes

(a) Any interested person or agency may petition the commission requesting adoption of a rule. Petitions shall be in writing, should be filed with the general counsel, and shall comply with the following requirements.

(1) Each petition must state the name and address of the petitioner.

(2) Each petition shall include:

(A) a brief explanation of the proposed rule;

(B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;

(C) a statement of the statutory or other authority under which the rule is proposed to be promulgated; and

(D) a justification for adoption of the rule.

(3) For the purposes of this section, an interested person must be:

(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.

(b) The general counsel or the general counsel's designee shall review all petitions for compliance with this section. The petitioner shall have the right to file a corrected petition which complies with the requirements of this section.

(c) Upon receipt of a petition which complies with the requirements of this section, the general counsel or the general counsel's designee will consult with the persons in the commission who are responsible for the area with which the rule is concerned to evaluate the merits of the proposal. Not later than the 60th day after the date of receipt of a petition, the general counsel or the general counsel's designee shall present the petition to the commission with a recommendation on whether a rulemaking proceeding should be initiated.

(d) The commission shall deny the petition or initiate rulemaking proceedings in accordance with the Administrative Procedure Act (APA) and these rules. The commission may modify any proposed rule to ensure that it conforms to the format of commission rules, adequately addresses the perceived problem or other subject matter, and conforms to the filing requirements of the Texas Register.

16 Tex. Admin. Code § 403.110

The provisions of this §403.110 adopted to be effective March 21, 2005, 30 TexReg 1632; Amended by Texas Register, Volume 46, Number 26, June 25, 2021, TexReg 3872, eff. 6/30/2021