| (a) It is the policy of the Board to encourage public
input and negotiation in the Board's rulemaking process.
(b) A petition to initiate a rulemaking proceeding
pursuant to §2001.021, Government Code, must be submitted to
the Board's offices in writing. A petition must include:
(1) a brief explanation of the proposed rule;
(2) the full text of the proposed rule, and, if the
petition is to modify an existing rule, the text of the proposed rule
prepared in the same manner as an amendment to legislation that clearly
identifies any words to be added or deleted from the existing text
by underscoring added words and striking through words to be deleted;
(3) a concise explanation of the legal authority to
adopt the proposed rule, including a specific reference to the particular
statute or other authority that authorizes it;
(4) an explanation of how the proposed rule would protect
life, health, property, and public welfare within the jurisdiction
of the Board;
(5) all available data or information showing a need
for the proposed rule;
(6) the identity of the petitioner and sufficient information
to demonstrate eligibility to petition for rulemaking under subsection
(c); and
(7) such other information that the Board or the staff
of the Board may request.
(c) Eligibility to petition for rulemaking under subsection
(b) shall be limited to:
(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.
(d) The Board may initiate a negotiated rulemaking
process pursuant to Chapter 2008, Government Code, upon:
(1) the filing of a petition to initiate the rulemaking
proceeding under subsection (b) of this section;
(2) the filing of a petition to initiate negotiated
rulemaking proceeding with regard to a rule that has been proposed
by the Board; or
(3) a determination by the Board that negotiated rulemaking
would be beneficial to the Board's consideration of a proposed rule.
(e) The Board may select any method of negotiation
specified in Chapter 2008, Government Code, including the appointment
of a convener, a negotiated rule-making committee, and a facilitator.
The Chairman shall make all appointments involved in the negotiated
rule-making process.
(f) The Board may adopt, amend, or refuse to adopt
a rule created through the negotiated rulemaking process. The Board
may not adopt any rule or any provision within a rule that the Board
has no legal authority to adopt.
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