22 Tex. Admin. Code § 160.10 - Petition for Rulemaking
(a) As
authorized by §
2001.021(a)
of the Texas Government Code, an interested person by petition to the board may
request the adoption of a rule.
(b)
A person must submit a petition for adoption of rules in writing via mail or
hand-delivery (addressed to the Executive Director or General Counsel of the
board) or email (sent to rules.development@tmb.state.tx.us).
(c) The petition shall contain the following
information as applicable and except as may be waived by the board:
(1) the name and contact information of the
petitioning party and their 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.
(d)
During the sixty (60) day period following receipt of the petition by the
board, the board or one of its committees 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
considered.
(1) At this meeting, the
petitioning party may be given an opportunity to present matters to the board
or its committee, at the board's or committee's discretion.
(2) If the request is considered by the full
board, the board shall decide whether to deny the petition or to publish the
requested rule in the Texas Register for comment. If the
petition is denied, the board shall state its reasons for denial in writing to
the petitioning party. Publication of the requested rule for comment shall
constitute initiation of rulemaking for purposes of §2001.021(c)(2) of the
Texas Government Code.
(3) If the
request is considered by a committee of the board, the committee shall decide
whether to recommend to the full board at its next meeting to deny the petition
or to publish the requested rule in the Texas Register for
comment. A committee's recommendation to the full board to deny the petition or
to publish the requested rule for comment shall constitute initiation of
rulemaking for purposes of §2001.021(c)(2) of the Texas Government
Code.
(4) At the next board meeting
following the committee's recommendation to deny the petition or to publish the
requested rule for comment, the board shall consider the 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.
Notes
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