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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 10TEXAS WATER DEVELOPMENT BOARD
CHAPTER 353INTRODUCTORY PROVISIONS
SUBCHAPTER DRULEMAKING PUBLIC HEARINGS OF THE BOARD
RULE §353.58Petition for Adoption of Rules

(a) Any interested person may petition the board requesting the adoption of a rule. Petitions shall be submitted in writing by delivering the petition to the executive administrator. The petition shall comply with the following requirements.

  (1) A separate petition shall be submitted for each rule chapter for which adoption is sought.

  (2) Each petition must state the name and address of the petitioner.

  (3) Each petition shall include:

    (A) a brief explanation of the proposed rule;

    (B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;

    (C) justification for adoption of the proposed rule;

    (D) a statement of the statutory or other authority under which the rule is to be promulgated; and

    (E) an allegation of injury or inequity which could result from the failure to adopt the proposed rule.

  (4) A petition may be denied for failure to comply with the requirements of this rule.

(b) Within 60 days after the executive administrator's receipt of a petition, the board shall consider the petition at its meeting and shall either deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings in accordance with the Administrative Procedure Act, Government Code, Chapter 2001, Subchapter B.


Source Note: The provisions of this §353.58 adopted to be effective January 9, 1986, 10 TexReg 5013; amended to be effective February 11, 1999, 24 TexReg 762; amended to be effective January 1, 2003, 27 TexReg 12365

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