(a) Petitions to initiate rulemaking proceedings pursuant
to Texas Government Code, §2001.021, must be submitted to the
agency 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 underlining new language and striking through language 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 public would be benefitted
by the adoption of the proposed rule;
(5) all available data or information showing a need
for the proposed rule;
(6) any request to engage in negotiated rulemaking
under §9.85 of this title (relating to Negotiated Rulemaking);
and
(7) such other or additional information as the agency
may request.
(b) An agency receiving a petition under subsection
(a) of this section will present to the finance commission the petition
and the agency's recommendation.
(c) The finance commission will vote to initiate a
rulemaking proceeding, or to deny the petition and state the reasons
for the denial.
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