Section 601.13 - Petition for Adoption of Rules(a) Submission of the petition. (1) Any person may petition the board to adopt a rule.(2) The petition shall be in writing; shall state the petitioner's name, address, and phone number; and shall contain the following: (A) a brief explanation of and justification for 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 to be promulgated; and(D) the public benefit anticipated as a result of adopting the rule or the anticipated injury or inequity which could result from the failure to adopt the proposed rule.(3) The board is not required to consider a petition which does not contain the information described in paragraph (2) of this subsection.(4) The petition shall be mailed or delivered to the board.(b) Consideration and disposition of the petition. (1) Except as otherwise provided in subsection (c) of this section, the executive secretary shall submit a petition meeting the requirements of subsection (a) of this section to the board.(2) Within 60 days after receipt of the petition, the board shall deny the petition or institute rulemaking procedures in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001. The board may deny parts of the petition or institute rulemaking procedures on parts of the petition.(3) If the board denies the petition, the board shall give the petitioner written notice of the board's denial, including the board's reasons for the denial.(4) If the board initiates rulemaking procedures, the version of the rule which the board proposes may differ from the version proposed by the petitioner.(c) Subsequent petitions to adopt the same or similar rules. All initial petitions for the adoption of a rule shall be presented to and decided by the board in accordance with the provisions of subsection (b) of this section. The board 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.22 Tex. Admin. Code § 601.13
The provisions of this §601.13 adopted to be effective December 15, 1992, 17 TexReg 8440; amended to be effective June 27, 1995, 20 TexReg 4344; amended to be effective August 5, 2001, 26 TexReg 5808; amended to be effective January 2, 2008, 32 TexReg 10003; amended to be effective August 30, 2012, 37 TexReg 6594