Current through Reg. 49, No. 45; November 8, 2024
Section 1.4 - Procedure for Petition for Adoption of Rules(a) Any interested person may petition the department for the adoption of a proposed rule pursuant to the APA, §2001.021. A petition must: (1) be in writing and request that a rule be adopted;(2) give a brief explanation of the proposed rule;(3) set out the precise text of the proposed rule;(4) give the reasons or policy for the proposed rule;(5) give the statutory or other authority for the proposed rule;(6) give applicable fiscal information concerning the rule's impact upon state and local governments, if adopted, separately stated for the first five years of the rule's operation;(7) give the public benefit to be expected from the proposed rule in the first five years of its operation;(8) give the probable economic cost to persons required to comply with the rule during the first five years of its operation;(9) contain the interested person's name, email address and telephone number;(10) be mailed to Texas Department of Agriculture, Attn: Commissioner of Agriculture, P.O. Box 12847, Austin, TX 78711, or delivered to the department's headquarters at 1700 N. Congress Ave, 11th Floor, Austin, TX 78701; and(11) be signed by the interested person and dated.(b) Within 60 days after the receipt of a petition for the adoption of a rule, the department shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings in accordance with the APA, Subchapter B. The provisions of this §1.4 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; Amended by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8039, eff. 12/8/2022