SECTION 351.2. Petition for the Adoption of a Rule

(a) Purpose. The purpose of this section is to provide procedures for any interested person to request that the Texas Health and Human Services Commission (HHSC) adopt a rule.

(b) Form of the petition.

(1) The petition must be in writing.

(2) The petition must contain the following:

(A) the petitioner's name, address, and organization or affiliation, if any;

(B) a plain and brief description about why a rule or change to an existing rule is needed, required or desirable, including the public good to be served and any effect on those who would be required to comply with the rule;

(C) to the extent feasible to the petitioner, an estimated fiscal impact of the rule on state and local government, separately stated, for each of the first five years of its implementation; and, to the extent feasible to the petitioner, an estimated economic impact on persons required to comply with the rule for each of the first five years the rules are in effect;

(D) a statement of HHSC's authority to adopt the proposed rule;

(E) if the petition proposes to amend an existing rule, the text of the existing rule, with proposed changes clearly indicated within the existing text; and

(F) if the petition is for a new rule, the proposed text of the new rule.

(c) The petition must be addressed to the HHSC Executive Commissioner, and be mailed or hand delivered to HHSC, 4900 North Lamar, Austin, Texas 78751.

(d) The HHSC Executive Commissioner reviews the petition for compliance with the requirements in subsection (b) of this section. The petition may be refused if these requirements are not met.

(1) If the requirements of subsection (b) are met, the HHSC Executive Commissioner consults with the appropriate subject matter experts within HHSC regarding the requested rules proposal.

(2) The HHSC Executive Commissioner denies or accepts the petition in whole or in part.

(A) If the HHSC Executive Commissioner denies the petition, he or she notifies the petitioner in writing and state the reason(s) for the denial.

(B) If the HHSC Executive Commissioner accepts the petition, he or she refers the petition to the appropriate program to initiate the rulemaking process under Government Code, Chapter §2001, Subchapter B, within 60 days from the date of submission of the petition by the petitioner.

Source Note: The provisions of this §351.2 adopted to be effective December 17, 2002, 27 TexReg 11743; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013; amended to be effective July 1, 2016, 41 TexReg 4432