| (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.
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