1. (a) In accordance with Texas Government Code, §2001.021, any interested person may petition for the adoption, amendment, or repeal of a rule of the commissioner of education.

2. (b) A petition under this section shall be in writing and shall contain:

   1. (1) the petitioner's name, address, telephone number, and signature;
   2. (2) the date the petition is submitted;
   3. (3) the chapter and subchapter in which, in the petitioner's opinion, the rule belongs;
   4. (4) the proposed rule text of a new rule or the text of the proposed rule change prepared in a manner to indicate the words to be added or deleted from the current text, if any;
   5. (5) a statement of statutory or other authority under which the rule is to be promulgated; and
   6. (6) a brief explanation of why the rule action is necessary or desirable.
3. (c) The commissioner or the commissioner's designee shall evaluate the merits of the proposal.

4. (d) In accordance with the Texas Government Code, §2001.021, the commissioner or the commissioner's designee shall respond to the petitioner within 60 days of receipt of the petition. The response shall:

   1. (1) advise that rulemaking proceedings will be initiated; or
   2. (2) deny the petition, stating the reasons for its denial.
5. (e) If the commissioner initiates rulemaking procedures, the version of the rule which the commissioner proposes may differ from the version proposed by the petitioner.

Source Note:The provisions of this §30.1001 adopted to be effective September 23, 2004, 29 TexReg 9184.