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RULE §201.9Petition for the Adoption of a Rule

(a) Purpose. This section provides procedures for any interested person (petitioner) to request the department to adopt a rule.

(b) Content of Petition.

  (1) The petition must be in writing. No form is required but all information must be provided, or a reason why required information cannot be provided.

  (2) The petition must contain the following:

    (A) petitioner's name, address, organization or affiliation, if any, and the name of the person or entity on whose behalf the petition is filed, if different from the person submitting the petition;

    (B) a plain and brief statement about why a rule or change in an existing rule is needed, required, or desirable, including the public good to be served and any effect on those who would be required to comply with the rule;

    (C) an estimate of the fiscal impact on state and local government as a result of enforcing or administering the proposed rule, an estimate of the economic impact on persons required to comply with the proposed rule, whether there may be an effect on local employment, and the facts, assumptions and methodology used to prepare estimates and impacts required by this subparagraph;

    (D) a statement on the department's authority to adopt the proposed rule;

    (E) the proposed text of a new rule, or proposed changes to an existing rule; and

    (F) a list of individuals, organizations or affiliations that may be interested or affected by the proposed rule, if known.

(c) Submission. A petition is submitted on the date it is received by the department. The petition must be mailed to the department, or hand delivered to the department in Austin, Texas.

(d) Review. The department will review the petition for compliance with the requirements of this section.

(e) Decision to Deny or Accept. The department will deny a petition for rulemaking, or accept, in whole or in part, a petition for rulemaking within 60 days from the date the petition is submitted.

  (1) The department will notify the petitioner in writing if the petition is denied and state the reason or reasons for the denial.

  (2) The department will refer an accepted petition to agency staff to initiate the rulemaking process under Chapter 2001, Subchapter B, of the Government Code. Agency staff may redraft the proposed text to conform to style, format and policy decisions of the agency.

(f) Repetitive petitions. The department may refuse to bring a petition for rulemaking to the board if, within the preceding year, the board has considered a previously submitted petition for the same rule.

(g) Board Petition Report. Prior the end of each fiscal year, the department will present to the board a report of all petitions received during the fiscal year. The report shall contain a summary of the petitions and the status or final determination of the petition review process.

Source Note: The provisions of this §201.9 adopted to be effective November 23, 2015, 40 TexReg 8191; amended to be effective June 25, 2017, 42 TexReg 3267

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