(a) Purpose. This section implements Government Code §2001.021
and provides procedures for any interested person (petitioner) to
request the Alcoholic Beverage Commission (commission) to adopt a
rule. The petitioner must be:
(1) a resident of this state;
(2) a business entity located in this state;
(3) a governmental subdivision located in this state;
(4) a public or private organization located in this
state that is not a state agency.
(b) Content of Petition.
(1) The petition must be in writing. No form is required
but all information must be provided, or a reason why required information
cannot be provided given.
(2) The petition must contain the following:
(A) petitioner's name, address, organization or affiliation,
if any, and the name of the person or entity on whose behalf the petition
is filed, if different from the person submitting the petition;
(B) a plain and brief statement about why a rule or
change in an existing rule is needed, required, or desirable, including
the public good to be served and any effect on those who would be
required to comply with the rule;
(C) an estimate of the fiscal impact on state and local
government as a result of enforcing or administering the proposed
rule, an estimate of the economic impact on persons required to comply
with the proposed rule, whether there may be an effect on local employment,
and the facts, assumptions and methodology used to prepare estimates
and impacts required by this subparagraph;
(D) a statement on the commission's authority to adopt
the proposed rule;
(E) the proposed text of a new rule, or proposed changes
to an existing rule; and
(F) a list of individuals, organizations or affiliations
that may be interested or affected by the proposed rule, if known.
(c) Submission. A petition is submitted on the date
it is received by the Executive Director. The petition must be addressed
to the Executive Director, Texas Alcoholic Beverage Commission, and
mailed to P.O. Box 13127, Austin, Texas 78711-3127, or hand delivered
to the Executive Director at commission headquarters in Austin, Texas.
(d) Review. The Executive Director will review the
petition for compliance with the requirements of this section. If
all requirements of this section are met, the Executive Director will
bring the petition to the commission, except as provided otherwise
in this section.
(e) Decision to Deny or Accept. The commission will
deny a petition for rulemaking, or accept, in whole or in part, a
petition for rulemaking within 60 days from the date the petition
is submitted. If the commission neither denies nor accepts the petition
within 60 days from the date it is submitted, agency staff will initiate
the rulemaking process under Chapter 2001, Subchapter B, of the Government
Code. In such case, agency staff may redraft the proposed text to
conform to style and format requirements for the agency's rules.
(1) The Executive Director will notify the petitioner
in writing if the petition is denied and state the reason or reasons
for the denial.
(2) The commission will refer an accepted petition
to agency staff to initiate the rulemaking process under Chapter 2001,
Subchapter B, of the Government Code. Agency staff may redraft the
proposed text to conform to style, format and policy decisions of
(f) Repetitive petitions. The Executive Director may
refuse to bring a petition for rulemaking to the commission if, within
the preceding year, the commission has considered a previously submitted
petition for the same rule.
Source Note: The provisions of this §31.3 adopted to be effective August 30, 2009, 34 TexReg 5911; amended to be effective June 17, 2015, 40 TexReg 3642; amended to be effective December 8, 2015, 40 TexReg 8755