| (a) Any interested person may petition the Board requesting
the adoption of a rule.
(b) A petition shall be mailed to the General Counsel
of the Texas Board of Pardons and Paroles at P.O. Box 13401, Austin,
Texas 78711.
(c) The petition must be submitted in writing, must
be identified as Petition for Adoption of Rule, and must comply with
the following requirements:
(1) each rule requested must be requested by separate
petition;
(2) each petition must state the name and address of
the petitioner;
(3) each petition must be delivered to the General
Counsel of the Board at its Austin office; and
(4) each petition shall include:
(A) a brief explanation of the proposed rule; and
(B) the text of the proposed rule prepared in a manner
to indicate the words to be added or deleted in the current text,
if any.
(d) If the General Counsel determines that further
information is necessary, the General Counsel may require that the
petitioner resubmit the petition and that it contain:
(1) A statement of statutory authority or authority
under which the rule is to be promulgated;
(2) Whether there will be an impact on the employment
of the local economy;
(3) If an adverse economic impact of the proposed rule
on small or microbusinesses is identified, the petition shall also
contain:
(A) An economic impact statement which details the
probable effect of the rule on employment in each geographic area
affected by the rule for each year of the first five years that the
rule will be in effect, and describes alternative methods of achieving
the purpose of the proposed rule; and
(B) A regulatory flexibility analysis as defined in
Section 2006.002(d), Government Code. In addition to the petition,
the person may submit a proposal for the adoption of the proposed
rule through negotiated rulemaking. The proposal shall identify the
potential participants for the negotiated rulemaking committee, possible
third party facilitators, and a timeline for the process.
(e) Consideration and Disposition of the Petition.
(1) Except as provided in subsection (f) of this rule,
the Chair, in consultation with the General Counsel, shall consider
and reject or approve petitions submitted.
(2) Within 60 days after receipt of a petition by the
General Counsel, or within 60 days after receipt by the General Counsel
of a resubmitted petition in accordance with subsection (d) of this
rule, the Chair, in consultation with the General Counsel, shall consider
the petition and shall either deny it in writing, stating its reasons
for denial, or shall initiate rulemaking proceedings in accordance
with Section 2001.021, Government Code.
(3) A petition may be denied for failure to comply
with the petition requirements of this rule.
(4) If the Chair, in consultation with the General
Counsel, denies the petition, the General Counsel shall give the petitioner
written notice of the denial and the reasons for the denial.
(f) The General Counsel may refuse to consider any
subsequent petition for the adoption of the same or similar rule submitted
within one year after the date of the initial petition.
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| Source Note: The provisions of this §141.57 adopted to be effective July 1, 1994, 19 TexReg 4752; amended to be effective October 20, 1998, 23 TexReg 10655; amended to be effective February 5, 2004, 29 TexReg 1207; amended to be effective August 10, 2014, 39 TexReg 5962; amended to be effective August 13, 2017, 42 TexReg 3879; amended to be effective September 8, 2022, 47 TexReg 5341 |
