| (a) An interested person may petition the Commission
requesting adoption of a rule. Petitions shall be in writing and filed
with the Office of General Counsel.
(b) Each petition must state the name and address of
the petitioner.
(c) Each petition shall include:
(1) a brief explanation of the proposed rule;
(2) 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;
(3) a statement of the statutory or other authority
under which the rule is proposed to be promulgated; and
(4) a justification for adoption of the rule.
(d) For the purposes of this section, an interested
person must be:
(1) a resident of this state;
(2) a business entity located in this state;
(3) a governmental subdivision located in this state;
or
(4) a public or private organization located in this
state that is not a state agency.
(e) The Office of General Counsel shall review all
petitions for compliance with this section. If rejected, the petitioner
may file a corrected petition that complies with the requirements
of this section.
(f) Upon receipt of a petition that complies with the
requirements of this section, the Office of General Counsel shall
present the petition to the Commissioners with a recommendation on
whether a rulemaking proceeding should be initiated.
(g) The Commissioners shall either deny the petition
or approve initiation of rulemaking proceedings in accordance with
the APA and these rules. The Commission may modify any proposed rule
to ensure that it conforms to the format of Commission rules, adequately
addresses the subject matter of the petition, and conforms to the
filing requirements of the Texas Register.
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