1. (a) Any interested person or agency may petition the commission requesting adoption of a rule. Petitions shall be in writing, should be filed with the appropriate division director, and shall comply with the following requirements.

   1. (1) Each petition must state the name and address of the petitioner.

   2. (2) Each petition shall include:

      1. (A) a brief explanation of the proposed rule;
      2. (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;
      3. (C) a statement of the statutory or other authority under which the rule is proposed to be promulgated; and
      4. (D) a justification for adoption of the rule.
2. (b) The appropriate director shall review all petitions for compliance with this section. The petitioner shall have the right to file a corrected petition which complies with the requirements of this section.
3. (c) Upon receipt of a petition which complies with the requirements of this section, the appropriate director shall present the petition to the commission with a recommendation on whether a rulemaking proceeding should be initiated.
4. (d) The commission shall deny the petition or initiate rulemaking proceedings in accordance with the Administrative Procedure and Texas Register Act (APTRA) and these rules. The commission may modify any proposed rule to ensure that it conforms to the format of commission rules, adequately addresses the perceived problem or other subject matter, and conforms to the filing requirements of the Texas Register.

Source Note:The provisions of this §1.21 adopted to be effective June 1, 1991, 16 TexReg 2289.