SECTION 71.16. Petition for Adoption of Rules

(a) Any interested person or agency may petition the Office of the Secretary of State requesting adoption of a rule. Petitions shall be in writing, should be filed with the appropriate division director, and shall comply with the following requirements.

(1) Each petition must state the name and address of the petitioner.

(2) Each petition shall include:

(A) a brief explanation of the proposed rule;

(B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;

(C) a statement of the statutory or other authority under which the rule is proposed to be promulgated; and

(D) an explanation of how the public would benefit by adoption of the proposed rule; and

(E) any information or data showing a need or justification for the proposed rule.

(b) The appropriate director shall review all petitions for compliance with this section. If the division director determines that the petition does not comply with this section, the petitioner shall be notified in writing of all deficiencies found and given an opportunity to cure the deficiencies by filing an amended or corrected petition that complies with the requirements of this section. If the petitioner fails to proved an amended petition by close of business of the 15th day following the date that the division director mailed a notice of deficiencies to the petitioner, the petition shall be deemed abandoned and no further action will be taken to process the petition in accordance with the Administrative Procedure Act (Chapter 2001 of the Government Code) and these rules.

(c) If the appropriate director receives a petition or amended petition that complies with the requirements of this section, the director shall notify the petitioner in writing that the petition has been accepted and will be processed in accordance with the Administrative Procedure Act (Chapter 2001 of the Government Code) and these rules. The appropriate division director shall present the petition to the Secretary of State with recommendation on whether a rulemaking proceeding should be initiated.

(d) The Secretary of State shall deny the petition or initiate rulemaking proceedings in accordance with the Administrative Procedure Act (Chapter 2001 of the Government Code) and these rules.

(e) The Secretary of State may modify any proposed rule to ensure that it adequately addresses the perceived problem or other subject matter, and conforms to requirements in Chapter 91 of this title (relating to the Texas Register).

Source Note: The provisions of this §71.16 adopted to be effective October 20, 2004, 29 TexReg 9671