1. (a) Submission of the petition.

   1. (1) Any person may petition a State Agency to adopt a rule as defined by the Texas Administrative Procedure Act, Chapter 2001 of the Texas Government Code.
   2. (2) A petition for a rule under Title 37 of the Texas Administrative Code shall be mailed or delivered to the General Counsel of Texas Department of Criminal Justice (TDCJ or the Agency) at P.O. Box 13084, Austin, Texas 78711.

   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 making such petition. If the General Counsel determines that further information is necessary to assist the Agency in reaching a decision, the General Counsel 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;
      4. (D) whether there will be an economic impact on persons required to comply with the proposed rule;
      5. (E) whether the proposed rule will have an effect on small or micro businesses; and
      6. (F) the public benefit anticipated as a result of adopting the rule or the anticipated injury of inequity that could result from the failure to adopt the proposed rule.

2. (b) Consideration and disposition of the petition.

   1. (1) Except as provided in subsection (c) of this section, the Agency shall consider and dispose of all petitions submitted.
   2. (2) Within 60 days after receipt of the petition by the General Counsel, or within 60 days after receipt by the General Counsel of a resubmitted petition in accordance with subsection (a)(3) of this section, the Agency shall deny the petition or institute rulemaking procedures in accordance with established Agency procedures and the Texas Administrative Procedure Act. The Agency may deny parts of the petition or institute rulemaking procedures on parts of the petition.
   3. (3) If the Agency denies the petition, the General Counsel shall give the petitioner written notice of the Agency's denial and the reasons for the denial.
3. (c) Subsequent petitions to adopt the same or similar rule. The General Counsel 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 §151.6 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective July 31, 2006, 31 TexReg 6055.