SECTION 103.5. Petitions

Pursuant to Texas Government Code, §2001.021, any interested person may petition the Commissioner requesting the adoption of a rule, and within 60 days the Commissioner will initiate rulemaking proceedings, or deny the petition in writing, stating his or her reasons therefor. The petition must set forth the following:

(1) The text of the proposed rule and a brief explanation thereof.

(2) A statement of the statutory or other authority under which the rule is proposed.

(3) A statement of the particular statute or statutes and sections thereof to which the proposed rule relates.

(4) A concise statement of the principal reasons for adoption of the rule; and the date submitted and by whom.

(5) If available to the petitioner(s), the following analyses related to the adoption of the rule:

(A) an analysis supporting the draft government growth impact statement required by Texas Government Code, §2001.0221;

(B) an analysis supporting the economic impact statement required by Texas Government Code, §2006.002;

(C) an analysis supporting the regulatory flexibility analysis required by Texas Government Code, §2006.002;

(D) an analysis supporting the takings impact assessment required by Texas Government Code, §2007.043;

(E) an analysis supporting the local employment impact statement required by Texas Government Code, §2001.024(a)(6);

(F) an analysis supporting the cost-benefit analysis required by Texas Government Code, §2001.024(a)(5);

(G) an analysis supporting the fiscal note required by Texas Government Code, §2001.024(a)(4); and

(H) if Texas Government Code, §2001.0045(b) would apply to the adopted rule:

(i) identify the proposed repeal or amendment that is being suggested to offset costs of the adopted rule; and

(ii) explain the reasoning behind the estimate of the costs that would be offset by the proposed repeal or amendment.

Source Note: The provisions of this §103.5 adopted to be effective January 1, 1976; amended to be effective March 14, 1999, 24 TexReg 1768; amended to be effective August 25, 2019, 44 TexReg 4309