1. (a) The following rule delineates the Texas Alcoholic Beverage Commission's procedures for the submission, consideration, and disposition of a petition to the commission to adopt a rule under the Administrative Procedure Act, Government Code, §2001.021(b).

2. (b) Submission of the petition.

   1. (1) Any person may petition the commission to adopt a rule.
   2. (2) The petition shall be in writing and contain: the petitioner's name and address; a brief explanation of the proposed rule; 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; a statement of the statutory or other authority under which the rule is to be promulgated; and the public benefits 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. (3) The commission may deny a petition which does not contain the information in paragraph (2) of this subsection.
   4. (4) The petition shall be mailed to the Administrator, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711, or hand delivered to the administrator at the Texas Alcoholic Beverage Commission headquarters in Austin.

3. (c) Consideration and disposition of the petition.

   1. (1) Except as otherwise provided in subsection (d) of this section, the petition shall be submitted to the commission for its consideration and disposition.
   2. (2) Within 60 days after the receipt of the petition by the commission, the commission shall either deny the petition or institute the rulemaking procedure in accordance with the Administrative Procedure Act, Government Code, §2001.021(c). The commission may deny parts of the petition and/or institute rulemaking procedures on parts of the petition.
   3. (3) If the commission denies the petition, written notice of the denial shall be given to the petitioner, including the reasons therefor.
   4. (4) If the commission institutes rulemaking procedures, the version of the rule which the commission proposes may differ from the version proposed by the petitioner.
4. (d) Subsequent petitions to adopt the same or similar rule. All initial petitions for the adoption of a rule shall be presented to and decided by the commission in accordance with the provisions of subsection (b) and (c) of this section. The administrator may refuse to forward to the commission for consideration any subsequent petition for the adoption of the same or similar rule submitted within six months after the date of the initial petition.

Source Note:The provisions of this §31.3 adopted to be effective February 24, 1994, 19 TexReg 1037.