Pursuant to Texas Government Code, §2001.021, any interested
person may petition the Commissioner requesting the adoption of a
rule, and within 60 days the Commissioner will initiate rulemaking
proceedings, or deny the petition in writing, stating his or her reasons
therefor. The petition must set forth the following:
(1) The text of the proposed rule and a brief explanation
thereof.
(2) A statement of the statutory or other authority
under which the rule is proposed.
(3) A statement of the particular statute or statutes
and sections thereof to which the proposed rule relates.
(4) A concise statement of the principal reasons for
adoption of the rule; and the date submitted and by whom.
(5) If available to the petitioner(s), the following
analyses related to the adoption of the rule:
(A) an analysis supporting the draft government growth
impact statement required by Texas Government Code, §2001.0221;
(B) an analysis supporting the economic impact statement
required by Texas Government Code, §2006.002;
(C) an analysis supporting the regulatory flexibility
analysis required by Texas Government Code, §2006.002;
(D) an analysis supporting the takings impact assessment
required by Texas Government Code, §2007.043;
(E) an analysis supporting the local employment impact
statement required by Texas Government Code, §2001.024(a)(6);
(F) an analysis supporting the cost-benefit analysis
required by Texas Government Code, §2001.024(a)(5);
(G) an analysis supporting the fiscal note required
by Texas Government Code, §2001.024(a)(4); and
(H) if Texas Government Code, §2001.0045(b) would
apply to the adopted rule:
(i) identify the proposed repeal or amendment that
is being suggested to offset costs of the adopted rule; and
(ii) explain the reasoning behind the estimate of the
costs that would be offset by the proposed repeal or amendment.
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