| (a) Any interested person or organization may petition
the commission requesting the adoption or amendment of a rule.
(b) For the purpose of interpreting this section, the
term "rule" shall have the same meaning as contained in Texas Government
Code, §2001.003.
(c) Petitions for adoption of rules must be submitted
in writing and directed to the commission's executive director.
(d) The petitioner may either hand deliver the petition
to the commission's central office at 1700 North Congress Avenue,
Suite 800, Austin, Texas 78701, or mail the petition to P.O. Box 12277,
Austin, Texas 78711-2277.
(e) For purposes of calculating days under this section,
the date of submission of a petition under this section shall be the
date the petition is hand delivered to the commission, or if the petition
was sent by mail or carrier, the date it is date-stamped according
to regular agency incoming mail procedures.
(f) The petition must include the following minimum
requirements:
(1) specify or otherwise make clear that the petition
is made pursuant to the provisions of the Administrative Procedure
Act;
(2) 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) contain the full name and address of the petitioner;
and
(4) be signed by the petitioner.
(g) The executive director or the executive director's
designee, shall:
(1) acknowledge receipt of the petition in writing
and include in the letter the date the petition was received; and
(2) communicate with the petitioner, if necessary,
to clarify the requested rule or to clarify other relevant information
contained in the petition.
(h) Not later than the 60th day after the date of submission
of a petition under this section, the executive director shall either:
(1) deny the petition in writing, stating the reasons
for the denial; or
(2) initiate rulemaking procedures and inform the petitioner
of the date rule action by the commission is scheduled pursuant to
Texas Government Code, Chapter 2001.
(i) The executive director shall provide copies of
all petitions, whether denied or approved, to the commissioners prior
to a scheduled commission meetings for review.
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