|(a) Any interested person, as defined in Texas Government
Code, §2001.021, may petition for the adoption, amendment, or
repeal of a rule of the State Board for Educator Certification (SBEC)
by filing a petition on a form provided in this subsection. The petition
shall be signed and submitted to the designated Texas Education Agency
(TEA) office. The TEA staff shall evaluate the merits of the proposal
to determine whether to recommend that rulemaking proceedings be initiated
or that the petition be denied.
(b) In accordance with the Texas Government Code, §2001.021,
the TEA staff must respond to the petitioner within 60 calendar days
of receipt of the petition.
(1) Where possible, the recommendation concerning the
petition shall be placed on the SBEC agenda, and the SBEC shall act
on the petition within the 60-calendar-day time limit.
(2) Where the time required to review the petition
or the scheduling of SBEC meetings will not permit the SBEC to act
on the petition within the required 60 calendar days, the TEA staff
shall respond to the petitioner within the required 60 calendar days,
notifying the petitioner of the date of the SBEC meeting at which
the recommendation will be presented to the SBEC for action.
(c) The SBEC will review the petition and the recommendation
and will either direct the TEA staff to begin the rulemaking process
or deny the petition, giving reasons for the denial. The TEA staff
will notify the petitioner of the SBEC's action related to the petition.
(d) Without limitation to the reasons for denial in
this subsection, the SBEC may deny a petition on the following grounds:
(1) the SBEC does not have jurisdiction or authority
to propose or to adopt the petitioned rule;
(2) the petitioned rule conflicts with a statute, court
decision, another rule proposed or adopted by the SBEC, or other law;
(3) the SBEC determines that a different proceeding,
procedure, or act more appropriately addresses the subject matter
of the petition than initiating a rulemaking proceeding; or
(4) the petitioner is inappropriately using the opportunity
to file a rulemaking petition under this section, as evidenced by
filing a petition:
(A) before the fourth anniversary of the SBEC's having
previously considered and rejected a similar rule on the same subject
(B) to amend a rule proposed or adopted by the SBEC
that has not yet become effective.
(e) If the SBEC initiates rulemaking procedures in
response to a petition, the rule text which the SBEC proposes may
differ from the rule text proposed by the petitioner.
|Source Note: The provisions of this §250.20 adopted to be effective August 19, 2010, 35 TexReg 7067; amended to be effective October 27, 2014, 39 TexReg 8403; amended to be effective October 21, 2018, 43 TexReg 6843