|(a) As authorized by the APA, §2001.021(a), an
interested person by petition to the Board may request the adoption
of a rule.
(b) Form for submission. A person must submit a petition
for adoption of rules in writing via mail, fax, e-mail, or hand-delivery
to the Executive Director or General Counsel of the Board. The petition
shall contain the following information as applicable and except as
may be waived by the Executive Director or designee:
(1) the name and contact information of the petitioning
party and his or her interest in the adoption of the rule;
(2) a statement of the legal authority and jurisdiction
under which the petition is filed;
(3) the exact language of the proposed rule requested
to be adopted;
(4) a statement and legal references regarding whether,
to the petitioner's knowledge, the requested rule is in conflict with
any existing rule, ruling, order or opinion of the Board or any other
rules or statutes; and
(5) a statement of the purpose of the requested rule.
(c) Consideration and Disposition. During the sixty
(60) day period following receipt of the petition by the Board, the
Rules Committee shall meet to consider the petition. Not less than
ten (10) days prior to such meeting, the Board shall notify the petitioning
party in writing of the date, time and place the petition shall be
(1) At this meeting, the petitioning party may be given
an opportunity to present matters to the Rules Committee, at the Committee's
(2) The Committee, at the conclusion of the meeting,
shall decide whether to deny the petition or to recommend to the Board
at the next board meeting to publish the requested rule in the Texas
Register for comment. If the Committee decides to deny the petition,
the Committee shall state its reasons for denial in writing to the
petitioning party. A recommendation by the Rules Committee to publish
the requested rule for comment shall constitute initiation of rulemaking
for purposes of §2001.021(c)(2) of the APA.
(3) At the next board meeting following the Rules Committee
meeting, the Board shall consider the Rules Committee's recommendation.
The Board shall then decide whether to deny the petition or to publish
the requested rule in the Texas Register for comment. If the Board
decides to deny the petition, the Board shall state its reasons for
denial in writing to the petitioning party.