|(a) Purpose. The purpose of this section is to provide
procedures for any interested person to request that the Texas Health
and Human Services Commission (HHSC) adopt a rule.
(b) Form of the petition.
(1) The petition must be in writing.
(2) The petition must contain the following:
(A) the petitioner's name, address, and organization
or affiliation, if any;
(B) a plain and brief description about why a rule
or change to 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) to the extent feasible to the petitioner, an estimated
fiscal impact of the rule on state and local government, separately
stated, for each of the first five years of its implementation; and,
to the extent feasible to the petitioner, an estimated economic impact
on persons required to comply with the rule for each of the first
five years the rules are in effect;
(D) a statement of HHSC's authority to adopt the proposed
(E) if the petition proposes to amend an existing rule,
the text of the existing rule, with proposed changes clearly indicated
within the existing text; and
(F) if the petition is for a new rule, the proposed
text of the new rule.
(c) The petition must be addressed to the HHSC Executive
Commissioner, and be mailed or hand delivered to HHSC, 4900 North
Lamar, Austin, Texas 78751.
(d) The HHSC Executive Commissioner reviews the petition
for compliance with the requirements in subsection (b) of this section.
The petition may be refused if these requirements are not met.
(1) If the requirements of subsection (b) are met,
the HHSC Executive Commissioner consults with the appropriate subject
matter experts within HHSC regarding the requested rules proposal.
(2) The HHSC Executive Commissioner denies or accepts
the petition in whole or in part.
(A) If the HHSC Executive Commissioner denies the petition,
he or she notifies the petitioner in writing and state the reason(s)
for the denial.
(B) If the HHSC Executive Commissioner accepts the
petition, he or she refers the petition to the appropriate program
to initiate the rulemaking process under Government Code, Chapter §2001,
Subchapter B, within 60 days from the date of submission of the petition
by the petitioner.
|Source Note: The provisions of this §351.2 adopted to be effective December 17, 2002, 27 TexReg 11743; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013; amended to be effective July 1, 2016, 41 TexReg 4432