22 Tex. Admin. Code § 201.5 - Procedures for the Petition for Adoption of Rules

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

(2) Rule--Any Commission statement of general applicability that implements, interprets, or explains any statute, law, or policy related to the death care industry or describes the procedure or practice requirements of the Commission. The term includes the amendment or repeal of a prior rule. It does not include statements concerning only the internal management or organization of the Commission not affecting private rights or procedures.

(b) Any interested person may submit a petition to the Commission requesting the adoption, amendment, or repeal of a rule. Petitions will be deemed submitted only when actually received in printed form by the Executive Director or his/her designee.

(c) Each petition will clearly state:

(1) the proposed rule(s), including the specific language recommended;

(2) a brief explanation of the proposed rule;

(3) the statutory or other authority under which the rule is proposed to be promulgated, including a concise explanation of the particular statute or other provisions under which the rule is proposed;

(4) the rationale or justification for the adoption, amendment, or repeal of the rule, including the public benefit to be expected.

(d) If the petition cannot be placed on the next regularly scheduled Commission agenda within 60 days after receiving the petition, the Executive Director shall automatically deny the petition and notify the petitioner of the denial. A petitioner may waive the 60 day response period in writing.

(e) When a petition is received that meets the requirements of subsection (c) of this section and is not automatically denied under subsection (d) of this section, the Executive Director will forward the petition to the Presiding Officer of the Commission who will either assign the task to staff or an appropriate group of interested persons to study the petition and make a recommendation to the Commissioners.

(f) The Commissioners will consider the submission of a petition and may either deny the petition or instruct the Executive Director to initiate rulemaking proceedings in accordance with the Administrative Procedure and Texas Register Act.

(g) In the event a petition is denied, the Executive Director will advise the interested person who submitted the petition in writing of the denial and will state the reason for the denial by the Commissioners.

Notes

22 Tex. Admin. Code § 201.5

Adopted by Texas Register, Volume 39, Number 39, September 26, 2014, TexReg 7735, eff. 10/2/2014; Adopted by Texas Register, Volume 40, Number 41, October 9, 2015, TexReg 7065, eff. 10/18/2015