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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 13TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 401ADMINISTRATIVE PRACTICE AND PROCEDURE
SUBCHAPTER BRULEMAKING PROCEEDINGS
RULE §401.19Petition for Adoption of Rules

(a) Any person may petition the commission requesting the adoption of a new rule or an amendment to an existing rule as authorized by the APA, §2001.021.

(b) Petitions shall be sent to the Agency Chief. Petitions shall be deemed sufficient if they contain:

  (1) the name and address of the person or entity on whose behalf the application is filed;

  (2) specific reference to the existing rule which is proposed to be changed, amended, or repealed;

  (3) the exact wording of the new, changed, or amended proposed rule with new language underlined and deleted language dashed out;

  (4) the proposed effective date; and

  (5) a justification for the proposed action set out in narrative form with sufficient particularity to inform the commission and any other interested person of the reasons and arguments on which the petitioner is relying.

(c) The Agency Chief shall direct that the petition for adoption of rules be placed on the next agenda for discussion by the commission or the fire fighter advisory committee with subject matter jurisdiction in accordance with §401.11 of this title (relating to Conduct of Commission and Advisory Meetings).

(d) A request for clarification of a rule shall be treated as a petition for a rule change. The commission staff may request submission of additional information from the applicant to comply with the requirements of subsection (b) of this section.


Source Note: The provisions of this §401.19 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective January 11, 2023, 48 TexReg 51

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