(a) Changes or additions to the Texas Administrative
Code, Title 28, Part 2 may be petitioned by an interested person under
Government Code, §2001.021(d). Rulemaking petitions shall be
in the form of a letter that contains the following:
(1) a brief statement summarizing the proposed section;
(2) the text of the proposed section, in the exact
form proposed for adoption;
(3) a statement setting forth the statutory reference
that authorizes the proposed rule;
(4) a suggested effective date;
(5) any other matter which may be required by law;
(6) the petitioner's name, mailing address, and telephone
number; and
(7) a statement that the petitioner is an interested
person under Government Code, §2001.021(d).
(b) The petitioner may also include a cost-benefit
analysis, estimating the public benefit expected as a result of adoption
of the proposed section, and the probable economic cost to persons
required to comply with the proposed section. This provision is optional.
(c) The petition shall be filed with the commissioner
by personal delivery, certified mail, or by email to rulecomments@tdi.texas.gov.
(d) Within 60 days after the petition is submitted,
the division shall either initiate rulemaking procedures, or shall
deny the petition and provide the petitioner with reasons for denial
in writing.
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