1. (a) Purpose. The rule's purpose is to delineate the Texas Board of Health's procedures for the submission, consideration, and disposition of a petition to the board to adopt a rule.

2. (b) Submission of the petition.

   1. (1) Any person may petition the board to adopt a rule.

   2. (2) The petition shall be in writing, shall contain the petitioner's name and address, and shall describe the rule and the reason for it; however, if the Texas commissioner of health determines that further information is necessary to assist the board in reaching a decision, the commissioner may require that the petitioner resubmit the petition and that it contain:

      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 to be promulgated; and
      4. (D) 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 board may deny a petition which does not contain the information in paragraph (2) of this subsection or the information in paragraph (2) (A)-(D) of this subsection if the commissioner determines that the latter information is necessary.
   4. (4) The petition shall be mailed or delivered to the Texas Commissioner of Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.

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

   1. (1) Except as otherwise provided in subsection (d) of this section, the commissioner shall submit the petition to the Texas Board of Health for its consideration and disposition.
   2. (2) Within 60 days after the postmark date of the petition, the commissioner's office, or within 60 days after receipt by the commissioner's office of a resubmitted petition by the commissioner's office of a resubmitted petition in accordance with subsection (b)(2)(A)-(D) of this section, the board shall deny the petition or institute rule-making procedure in accordance with the Administrative Procedure and Texas Register Act, §5. The board may deny parts of the petition and/or institute rule-making procedures on parts of the petition.
   3. (3) If the board denies the petition, the commissioner shall give the petitioner written notice of the board's denial, including the board's reasons for the denial.
   4. (4) If the board initiates rule-making procedures, the version of the rule which the board 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 board in accordance with the provisions of subsections (b) and (c) of this section. The commissioner may refuse to forward to the board 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 §1.81 adopted to be effective October 5, 1982, 7 TexReg 3420; amended to be effective July 9, 1984, 9 TexReg 3610; amended to be effective October 16, 1986, 11 TexReg 4153.