1. (a) Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:

   1. (1) Administrative Procedure Act--Chapter 2001 of the Government Code.
   2. (2) Amend or amendment--a change to an existing rule, including modification, addition, substitution, deletion, or repeal.
   3. (3) Board--the State Board for Educator Certification and its employees and agents;
   4. (4) Executive director--the board's executive director;
   5. (5) Interested person--an individual whose interests are or will be affected by the rule or amendment.
   6. (6) Rule--a section containing a board statement of general applicability and has the meaning assigned to "rule" under the Administrative Procedure Act.
   7. (7) Rulemaking proceeding--deliberation about a petitioned-for rule at a regularly scheduled board meeting.
2. (b) Filing. Any interested person may request the board to propose or amend a rule by filing a petition with the executive director. To be considered by the board, a petition shall be filed with the executive director not later than the 30th calendar day and not earlier than the 45th calendar day before a regularly scheduled board meeting. The executive director shall deny a petition that does not comply with the requirements of this subsection.
3. (c) Scope. The filing of a petition does not obligate the executive director or the board to grant it, to hold a hearing, or to engage in any other public rulemaking proceedings. In denying a petition under this section, the board is not obligated to make findings of fact or conclusions of law or to decide questions or issues raised in the petition. A petition filed under this section is not a contested case under the Administrative Procedure Act or 19 Texas Administrative Code Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases, Including Enforcement of the Educator's Code of Ethics). The approval of a petition and the initiation of a rulemaking proceeding under this section does not obligate the board to propose or to adopt the rule or amendment petitioned for.

4. (d) Denial by executive director. The executive director shall deny a petition that does not comply with the requirements of subsection (e) of this section.

   1. (1) A petitioner whose petition has been denied by the executive director shall have one more opportunity to refile a corrected petition in accordance with the requirements of this section. Each refiling of a petition begins anew the 60-day deadline for the board to act on the petition under subsection (f) of this section.
   2. (2) After two opportunities to file a petition that complies with this section, the executive director shall deny without further review all subsequent petitions filed by the same petitioner regarding the same or similar rule.

5. (e) Petition. A petition for rulemaking filed under this section shall include the following items:

   1. (1) Identifying information. The petition shall contain the full name, complete United States mail address, and daytime telephone and fax numbers, if any, of the petitioner and each signatory to the petition.

   2. (2) Text of proposed rule. The petition shall contain the full text of the proposed rule or amendment in the exact form in which it is to be published for legal notice and public comment.

      1. (A) If the petition seeks the adoption of a new rule, the text of the proposed rule shall be underlined.

      2. (B) If the petition seeks to amend an existing rule, the text of the proposed amendment shall show:

         1. (i) the full text of the rule being amended;
         2. (ii) deleted text inside brackets and stricken through; and
         3. (iii) added text underlined.
   3. (3) Statutory authority. The specific statutory authority for the promulgation of the proposed rule shall be cited with sufficient particularity to enable the board and the public to readily access the referenced statute.
   4. (4) Suggested effective date. Subject to applicable statute and rule, the desired effective date should be stated.

   5. (5) Reasoned justification. The petition shall provide a reasoned justification for the proposed rule in narrative form with sufficient particularity to fully inform the board and the public of the following items:

      1. (A) a summary of the rule;
      2. (B) the factual basis for the rule;
      3. (C) the purpose of the rule, including a statement explaining the desired effect to be achieved by the proposed rule;
      4. (D) how the rule would work in practice;
      5. (E) the premises for the rule;
      6. (F) data or information considered in formulating the rule; and
      7. (G) analyses of relevant factors and reasons why the rule was found to be appropriate, including an explanation as to why the means set out in the rule to achieve the desired effect is the best method for achieving that effect.

   6. (6) Fiscal impact statement. A description of the estimated fiscal impact of the rule that includes the following information:

      1. (A) the additional estimated cost to the state and to local governments expected as a result of enforcing or administering the rule;
      2. (B) the estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule;
      3. (C) the estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule; and
      4. (D) if applicable, that enforcing or administering the rule does not have foreseeable implications relating to cost or revenues of the state or local governments.

   7. (7) Public benefit statement. An explanation about public benefits and costs for each year of the first five years that the rule would be in effect:

      1. (A) the public benefits expected as a result of adoption of the proposed rule;
      2. (B) the probable economic cost to persons required to comply with the rule; and
      3. (C) a determination of whether the proposed rule may affect a local economy; if so, the petition must describe in detail the probable effect of the rule on employment in each geographic area affected by the rule for each year of the first five years that the rule will be in effect.
   8. (8) Signatures. The petitioner and the attorney or other representative of the petitioner must sign the petition.

6. (f) Not later than the 60th day after the date the executive director receives a petition under this section, the board shall:

   1. (1) deny the petition in writing, stating the reasons for denial; or
   2. (2) initiate a rulemaking proceeding.

7. (g) Without limitation to the reasons for denial set out below, the board may deny a petition on the following grounds:

   1. (1) the board does not have jurisdiction or authority to propose or to adopt the rule petitioned for;
   2. (2) the rule petitioned for conflicts with a statute, court decision, another rule proposed or adopted by the board, or other law;
   3. (3) the board determines that a different proceeding, procedure, or act more appropriately addresses the subject matter of the petition than initiating a rulemaking proceeding; or

   4. (4) the petitioner is inappropriately using the opportunity to file a rulemaking petition under this section, as evidenced by filing a petition:

      1. (A) after having participated in rulemaking activities on the same subject matter but without having objected to or appealed from an ensuing rule proposed or adopted by the board;
      2. (B) before the fourth anniversary of the board's having previously considered and rejected a similar rule on the same subject matter;
      3. (C) to amend a rule proposed or adopted by the board that has not yet become effective;
      4. (D) to amend an existing rule undergoing review under the plan submitted by the board to the Texas Secretary of State; or
      5. (E) to amend an existing rule before the first anniversary of a completed review of the rule under the plan submitted by the board to the Texas Secretary of State.
8. (h) The board's presiding officer may appoint a committee of board members to review petitions under this section and to recommend disposition to the board. The executive shall notify the petitioner of the board's disposition of the petition.

Source Note:The provisions of this §250.20 adopted to be effective February 3, 2000, 25 TexReg 574.