1. (a) Purpose. The purpose of this rule is to provide a procedure for use by any person to petition the agency to adopt a rule in compliance with requirements of the Administrative Procedure and Texas Register Act.

2. (b) Submission of the Petition.

   1. (1) Any person may petition the agency to adopt a rule.
   2. (2) The petition shall be mailed or delivered to the Executive Director of the Texas Youth Commission at his office in Austin, Texas.

   3. (3) 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 Executive Director of the Texas Youth Commission determines that further information is necessary to assist the agency in reaching a decision, the executive director 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. (c) Consideration and Disposition of the Petition.

   1. (1) Except as otherwise provided in subsection (3) of this section, the agency shall consider and dispose of all petitions submitted.
   2. (2) Within 60 days after receipt of the petition, or within 60 days after receipt by the executive director's office of a resubmitted petition in accordance with subsection (b)(3) of this section, the agency shall deny the petition or institute rule making procedure in accordance with the Administrative Procedure and Texas Register Act. §5. The agency may deny parts of the petition and/or institute rule making procedures on parts of the petition.
   3. (3) If the agency denies the petition, the executive director shall give the petitioner written notice of the agency's denial, stating reasons for such.
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 agency in accordance with the provisions of subsections (b) and (c) of this section. The executive director may refuse to consider 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 §385.8107 adopted to be effective December 31, 1996, 21 TexReg 11819; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.