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

   1. (1) Commission--Texas Funeral Service Commission.
   2. (2) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
   3. (3) Rule--Any commission statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the commission. The term includes the amendment or repeal of a prior rule. It does not include statements concerning only the internal management or organization of the commission not affecting private rights or procedures.
2. (b) Any interested person may submit a petition to the commission requesting the adoption, amendment, or repeal of a rule. Petitions will be deemed submitted only when actually received in printed or typewritten form by the executive director.

3. (c) Each petition will clearly state:

   1. (1) the proposed rule(s), including the specific language recommended;
   2. (2) a brief explanation of the proposed rule;
   3. (3) the statutory or other authority under which the rule is proposed to be promulgated, including a concise explanation of the particular statutory or other provisions under which the rule is proposed;
   4. (4) the rationale or justification for the adoption, amendment, or repeal of the rule, including the public benefit to be expected.
4. (d) When a petition is received that meets the requirements of subsection (c) of this section, the executive director will forward the petition to the presiding officer who will either assign the task to staff or appoint an ad hoc committee to study the petition and make a recommendation to the commission.
5. (e) The appropriate group will report all petitions out of committee with a recommendation to the commission regarding its adoption.
6. (f) The commission will consider within 60 days after the submission of a petition and may either deny the petition or instruct the executive director to initiate rulemaking proceedings in accordance with the Administrative Procedure and Texas Register Act, §5. In the event a petition is denied, the executive director will advise the interested person in writing of the denial and will state the reason for the denial of the commission.

Source Note:The provisions of this §201.8 adopted to be effective December 9, 1983, 8 TexReg 4922; amended to be effective October 9, 1987, 12 TexReg 3370; amended to be effective June 12, 1990, 15 TexReg 3011; amended to be effective August 23, 2001, 26 TexReg 6104.