| (a) Any interested person may petition the department
for the adoption of a proposed rule pursuant to the APA, §2001.021.
A petition must:
(1) be in writing and request that a rule be adopted;
(2) give a brief explanation of the proposed rule;
(3) set out the precise text of the proposed rule;
(4) give the reasons or policy for the proposed rule;
(5) give the statutory or other authority for the proposed
rule;
(6) give applicable fiscal information concerning the
rule's impact upon state and local governments, if adopted, separately
stated for the first five years of the rule's operation;
(7) give the public benefit to be expected from the
proposed rule in the first five years of its operation;
(8) give the probable economic cost to persons required
to comply with the rule during the first five years of its operation;
(9) contain the interested person's name, email address
and telephone number;
(10) be mailed to Texas Department of Agriculture,
Attn: Commissioner of Agriculture, P.O. Box 12847, Austin, TX 78711,
or delivered to the department's headquarters at 1700 N. Congress
Ave, 11th Floor, Austin, TX 78701; and
(11) be signed by the interested person and dated.
(b) Within 60 days after the receipt of a petition
for the adoption of a rule, the department shall either deny the petition
in writing, stating its reasons for the denial, or initiate rulemaking
proceedings in accordance with the APA, Subchapter B.
|
| Source Note: The provisions of this §1.4 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039 |
