Section 103.5 - PetitionsPursuant to Texas Government Code, § RSA 2001.021, any interested person may petition the Commissioner requesting the adoption of a rule, and within 60 days the Commissioner will initiate rulemaking proceedings, or deny the petition in writing, stating his or her reasons therefor. The petition must set forth the following:
(1) The text of the proposed rule and a brief explanation thereof.(2) A statement of the statutory or other authority under which the rule is proposed.(3) A statement of the particular statute or statutes and sections thereof to which the proposed rule relates.(4) A concise statement of the principal reasons for adoption of the rule; and the date submitted and by whom.(5) If available to the petitioner(s), the following analyses related to the adoption of the rule: (A) an analysis supporting the draft government growth impact statement required by Texas Government Code, § RSA 2001.0221;(B) an analysis supporting the economic impact statement required by Texas Government Code, § RSA 2006.002;(C) an analysis supporting the regulatory flexibility analysis required by Texas Government Code, § RSA 2006.002;(D) an analysis supporting the takings impact assessment required by Texas Government Code, § RSA 2007.043;(E) an analysis supporting the local employment impact statement required by Texas Government Code, § RSA 2001.024(a)(6);(F) an analysis supporting the cost-benefit analysis required by Texas Government Code, § RSA 2001.024(a)(5);(G) an analysis supporting the fiscal note required by Texas Government Code, § RSA 2001.024(a)(4); and(H) if Texas Government Code, § RSA 2001.0045(b) would apply to the adopted rule: (i) identify the proposed repeal or amendment that is being suggested to offset costs of the adopted rule; and(ii) explain the reasoning behind the estimate of the costs that would be offset by the proposed repeal or amendment.7 Tex. Admin. Code § 103.5
The provisions of this §103.5 adopted to be effective January 1, 1976; amended to be effective March 14, 1999, 24 TexReg 1768; Amended by Texas Register, Volume 44, Number 33, August 16, 2019, TexReg 4309, eff. 8/25/2019