4 Tex. Admin. Code § 1.4 - Procedure for Petition for Adoption of Rules

(a) Any interested person may petition the department for the adoption of a proposed rule pursuant to the APA, §2001.021. A petition must:

(1) be in writing and request that a rule be adopted;

(2) give a brief explanation of the proposed rule;

(3) set out the precise text of the proposed rule;

(4) give the reasons or policy for the proposed rule;

(5) give the statutory or other authority for the proposed rule;

(6) give applicable fiscal information concerning the rule's impact upon state and local governments, if adopted, separately stated for the first five years of the rule's operation;

(7) give the public benefit to be expected from the proposed rule in the first five years of its operation;

(8) give the probable economic cost to persons required to comply with the rule during the first five years of its operation;

(9) contain the interested person's name, email address and telephone number;

(10) be mailed to Texas Department of Agriculture, Attn: Commissioner of Agriculture, P.O. Box 12847, Austin, TX 78711, or delivered to the department's headquarters at 1700 N. Congress Ave, 11th Floor, Austin, TX 78701; and

(11) be signed by the interested person and dated.

(b) Within 60 days after the receipt of a petition for the adoption of a rule, the department shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings in accordance with the APA, Subchapter B.

Notes

4 Tex. Admin. Code § 1.4

The provisions of this §1.4 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; Amended by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8039, eff. 12/8/2022