| (a) An administratively complete petition shall be
referred to the appropriate agency personnel for review and recommended
action.
(b) Within 15 days of receiving a petition, agency
personnel shall make a recommendation to the executive director to
either deny the petition or initiate rulemaking, and shall include
reasons for the recommendation.
(c) The executive director shall forward to each member
of the commission a copy of the petition and the staff recommendation.
(d) If the staff recommendation is to initiate rulemaking,
the executive director shall place the petition on the agenda of a
commission meeting and notify the petitioner in writing of the date,
time, and place of the commission meeting at which the petition will
be deliberated.
(e) If the staff recommendation is to deny the rulemaking
and, by the 50th day following the submission of the petition, no
member of the commission has determined that further deliberations
are warranted, the petition will be considered denied. The department
shall notify the petitioner in writing of the staff recommendation
and final disposition of the petition by no later than the 60th day
after submission of the petition.
(f) In the event that rulemaking is to be initiated
as a result of a petition involving any portion of Chapter 65, Subchapter
A of this title (relating to Statewide Hunting Proclamation), or Chapter
57, Subchapter N of this title (relating to Statewide Recreational
and Commercial Fishing Proclamation), the department may defer the
rulemaking activity until such time as it initiates other rulemaking
activity involving Chapter 65, Subchapter A of this title or Chapter
57, Subchapter N of this title.
(g) If a petition for rulemaking seeks essentially
the same action as a petition that has been denied within the preceding
six months, then the executive director may deny the petition without
forwarding the petition to commissioners.
|
| Source Note: The provisions of this §51.3 adopted to be effective February 25, 2001, 26 TexReg 1749; amended to be effective October 13, 2003, 28 TexReg 8952; amended to be effective January 3, 2005, 29 TexReg 12225; amended to be effective February 2, 2009, 34 TexReg 664; amended to be effective January 2, 2013, 37 TexReg 10221 |
