Advanced Search

RULE §1.4 Procedure for Adoption of Rules

Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(a) All department rules shall be promulgated in accordance with the provisions of the Administrative Procedure Act (the Act). (b) All comments concerning a proposed rule submitted to the department pursuant to the provisions of the Act, §2001.029, shall:   (1) clearly identify the party or parties wishing the comment to be registered with the department;   (2) concisely address the proposed rule(s) upon which comment is made;   (3) be filed with the commissioner or the person designated to receive comments as stated in the Texas Register's publication of the proposed rule, no later than 30 days from the date the proposed rule is published in the Texas Register; and   (4) contain the party's name, mailing address, and telephone number. (c) These rules shall be applied in the absence of other rules to the contrary promulgated by any board,
commission, or committee, where such board, commission, or committee is expressly authorized to adopt such rules under the Texas Agriculture Code, and insofar as may be applicable and practicable. (d) Any interested person may petition the department for the adoption of a proposed rule. Such petition shall:   (1) be in writing;   (2) be addressed to the commissioner and dated;   (3) give a brief explanation of the proposed rule;   (4) set out the precise text of the proposed rule;   (5) give the reasons or policy for the proposed rule;   (6) give the statutory or other authority for the proposed rule;   (7) give applicable fiscal information concerning the rule's impact upon state and local government, if adopted, separately stated for the first five years of the rule's operation;   (8) give the public benefit to
be expected from the proposed rule in the first five years of its operation;   (9) give the probable economic cost to persons required to comply with the rule during the first five years of its operation;   (10) contain a request that the rule be adopted; and   (11) be signed by the petitioner with his name, mailing address, and telephone number set out thereunder. (e) Within 60 days after the receipt of a petition for the adoption of a rule, the department shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings in accordance with the Act, Subchapter B.

Source Note: The provisions of this §1.4 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.