(a) Any interested person may petition for the adoption,
amendment, or repeal of a rule to the commission's Executive Director.
(b) A petition under this section must be in writing
and contain the following minimum requirements:
(1) It must specify or otherwise make clear that the
petition is made pursuant to the provisions of the Administrative
Procedure Act.
(2) It must clearly state the body or substance of
the rule requested for adoption, and, if appropriate, relate the requested
rule to an adopted rule or rules of the commission.
(3) It must contain the petitioner's full name, address,
telephone number, and signature.
(4) It must be signed by the petitioner with the date
the petition is submitted.
(5) It must include the chapter and subchapter in which,
in the petitioner's opinion, the rule belongs, and the proposed rule
text of a new rule or the text of the proposed rule change prepared
in a manner to indicate the words to be added or deleted from the
current text, if any.
(6) It must include a statement of statutory or other
authority under which the rule is to be promulgated; and a brief explanation
of why the rule action is necessary or desirable.
(7) The person or persons submitting a petition for
rulemaking must state whether or not they are the following:
(A) a resident of this state;
(B) a business entity located in this state;
(C) a governmental subdivision located in this state;
or
(D) a public or private organization located in this
state that is not a state agency.
(c) The Executive Director or the Executive Director's
designee shall evaluate the merits of the proposal.
(d) In accordance with the Government Code, §2001.021(c),
the commission shall respond to the petitioner within 60 days of receipt
of the petition. The response shall:
(1) advise that rulemaking proceedings will be initiated;
or,
(2) deny the petition, stating the reasons for its
denial.
(e) If rulemaking procedures are initiated under this
section, the version of the rule which the commission staff proposes
may differ from the version proposed by the petitioner.
(f) Adoption of this rule is required of state agencies
by Texas Government Code, §2001.021(b).
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