SECTION 151.6. Petition for the Adoption of a Rule

(a) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) to encourage public input in the TBCJ rulemaking process.

(b) Submission of the Petition.

(1) Any person may petition a state agency to adopt a rule as defined by the Texas Administrative Procedure Act, Chapter 2001 of the Texas Government Code.

(2) A petition for a rule under Title 37 of the Texas Administrative Code shall be mailed to the general counsel of the Texas Department of Criminal Justice (TDCJ) at P.O. Box 4004, Huntsville, Texas 77342.

(3) The petition shall be in writing, contain the petitioner's name and address, and describe the rule and the reason for making such petition. If the general counsel determines that further information is necessary, the general counsel may require that the petitioner resubmit the petition and that it contain:

(A) A brief explanation of the proposed rule;

(B) The text of the proposed rule indicating 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 to be promulgated;

(D) Whether there will be an economic impact on persons or on small or microbusinesses required to comply with the proposed rule;

(E) If an adverse economic impact of the proposed rule on small or microbusinesses is identified, the petition shall also contain:

(i) An economic impact statement which estimates the number of small businesses subject to the proposed rule, projects the economic impact of the rule on small businesses or rural communities, and describes alternative methods of achieving the purpose of the proposed rule; and

(ii) A regulatory flexibility analysis as defined in Texas Government Code § 2006.002; and

(F) The public benefit anticipated as a result of adopting the rule or the anticipated injury or inequity that could result from the failure to adopt the proposed rule.

(4) In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators, and a timeline for the process.

(c) Consideration and Disposition of the Petition.

(1) Except as provided in subsection (d) of this rule, the chairman, in consultation with the general counsel, shall consider and reject or approve petitions submitted.

(2) Within 60 days after receipt of the petition by the general counsel, or within 60 days after receipt by the general counsel of a resubmitted petition in accordance with subsection (b)(3) of this rule, the chairman, in consultation with the general counsel, shall deny the petition or institute rulemaking procedures in accordance with established TDCJ procedures and the Texas Administrative Procedure Act. The chairman, in consultation with the general counsel, may deny parts of the petition or institute rulemaking procedures on parts of the petition.

(3) The TBCJ may initiate a negotiated rulemaking process pursuant to Texas Government Code, Chapter 2008, upon the filing of a petition to initiate the rulemaking proceeding under subsection (b) of this rule.

(4) If the chairman, in consultation with the general counsel, denies the petition, the general counsel shall give the petitioner written notice of the denial and the reasons for the denial.

(d) Subsequent Petitions to Adopt the Same or Similar Rule. The general counsel may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within six months after the date of the initial petition.

Source Note: The provisions of this §151.6 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective July 31, 2006, 31 TexReg 6055; amended to be effective April 17, 2008, 33 TexReg 2960; amended to be effective January 1, 2017, 41 TexReg 10392; amended to be effective March 3, 2024, 49 TexReg 1285