| (a) In accordance with Texas Government Code §2001.021,
any interested person may request that a rule be adopted, amended,
or repealed by submitting a written petition for rulemaking to the
department (rulemaking petition).
(b) An interested person, as defined by Texas Government
Code §2001.021, 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.
(c) The written rulemaking petition must include:
(1) the person's full name, mailing address, telephone
number, and email address;
(2) a statement explaining how the person qualifies
as an "interested person" as explained under subsection (b);
(3) a summary and explanation of the draft rule change;
(4) the rationale and justification for the draft rule
change or the reasons why the person believes the rulemaking is necessary;
(5) a statement addressing whether there would be a
cost to anyone impacted by the draft rule change, if the cost information
is known or readily available;
(6) if proposing a new rule, the text of the new rule
in the exact form that is desired to be adopted, with the new text
underlined; and
(7) if proposing an amendment or repeal, the specific
section and text of the rule the person wants to change, with deletions
crossed through and additions underlined.
(d) A rulemaking petition will be denied if:
(1) it is submitted by a person who does not qualify
as an "interested person"; or
(2) it does not contain the required information listed
under subsection (c).
(e) The rulemaking petition must be submitted electronically
on the department's website at https://ga.tdlr.texas.gov:1443/form/RulemakingPetition
(select the appropriate chapter name); by facsimile to (512)
475-3032; or by mail to Office of the General Counsel, ATTN: Rules
Coordinator, Texas Department of Licensing and Regulation, P.O. Box
12157, Austin, Texas 78711.
(f) Not later than 60 days after the date of submission
of a petition that complies with the requirements of this section,
the executive director or the executive director's designee shall
review the petition and shall respond in writing either:
(1) denying the petition and stating the reasons for
the denial; or
(2) informing the petitioner that the department will
initiate a rulemaking proceeding under Texas Government Code, Chapter
2001.
(g) Repetitive Petitions. The executive director may
deny a rulemaking petition if, within the preceding year, the executive
director or the executive director's designee has considered a previously
submitted petition for the same rule.
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| Source Note: The provisions of this §60.102 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective January 1, 2023, 47 TexReg 8627 |
