SECTION 60.102. Petition for Adoption of Rules

(a) In accordance with Texas Government Code §2001.021, any interested person may request that a rule be adopted, amended, or repealed by submitting a written petition for rulemaking to the department (rulemaking petition).

(b) An interested person, as defined by Texas Government Code §2001.021, must be:

(1) a resident of this state;

(2) a business entity located in this state;

(3) a governmental subdivision located in this state; or

(4) a public or private organization located in this state that is not a state agency.

(c) The written rulemaking petition must include:

(1) the person's full name, mailing address, telephone number, and email address;

(2) a statement explaining how the person qualifies as an "interested person" as explained under subsection (b);

(3) a summary and explanation of the draft rule change;

(4) the rationale and justification for the draft rule change or the reasons why the person believes the rulemaking is necessary;

(5) a statement addressing whether there would be a cost to anyone impacted by the draft rule change, if the cost information is known or readily available;

(6) if proposing a new rule, the text of the new rule in the exact form that is desired to be adopted, with the new text underlined; and

(7) if proposing an amendment or repeal, the specific section and text of the rule the person wants to change, with deletions crossed through and additions underlined.

(d) A rulemaking petition will be denied if:

(1) it is submitted by a person who does not qualify as an "interested person"; or

(2) it does not contain the required information listed under subsection (c).

(e) The rulemaking petition must be submitted electronically on the department's website at https://ga.tdlr.texas.gov:1443/form/RulemakingPetition (select the appropriate chapter name); by facsimile to [phone]; or by mail to Office of the General Counsel, ATTN: Rules Coordinator, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711.

(f) Not later than 60 days after the date of submission of a petition that complies with the requirements of this section, the executive director or the executive director's designee shall review the petition and shall respond in writing either:

(1) denying the petition and stating the reasons for the denial; or

(2) informing the petitioner that the department will initiate a rulemaking proceeding under Texas Government Code, Chapter 2001.

(g) Repetitive Petitions. The executive director may deny a rulemaking petition if, within the preceding year, the executive director or the executive director's designee has considered a previously submitted petition for the same rule.

Source Note: The provisions of this §60.102 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective January 1, 2023, 47 TexReg 8627