Section 141.57 - Petition for Adoption of Rule(a) Any interested person may petition the Board requesting the adoption of a rule.(b) A petition shall be mailed to the General Counsel of the Texas Board of Pardons and Paroles at P.O. Box 13401, Austin, Texas 78711.(c) The petition must be submitted in writing, must be identified as Petition for Adoption of Rule, and must comply with the following requirements: (1) each rule requested must be requested by separate petition;(2) each petition must state the name and address of the petitioner;(3) each petition must be delivered to the General Counsel of the Board at its Austin office; and(4) each petition shall include: (A) a brief explanation of the proposed rule; and(B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted in the current text, if any.(d) If the General Counsel determines that further information is necessary, the General Counsel may require that the petitioner resubmit the petition and that it contain: (1) A statement of statutory authority or authority under which the rule is to be promulgated;(2) Whether there will be an impact on the employment of the local economy;(3) If an adverse economic impact of the proposed rule on small or microbusinesses is identified, the petition shall also contain:(A) An economic impact statement which details 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, and describes alternative methods of achieving the purpose of the proposed rule; and(B) A regulatory flexibility analysis as defined in Section 2006.002(d), Government Code. In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators, and a timeline for the process.(e) Consideration and Disposition of the Petition.(1) Except as provided in subsection (f) of this rule, the Chair, in consultation with the General Counsel, shall consider and reject or approve petitions submitted.(2) Within 60 days after receipt of a petition by the General Counsel, or within 60 days after receipt by the General Counsel of a resubmitted petition in accordance with subsection (d) of this rule, the Chair, in consultation with the General Counsel, shall consider the petition and shall either deny it in writing, stating its reasons for denial, or shall initiate rulemaking proceedings in accordance with Section 2001.021, Government Code.(3) A petition may be denied for failure to comply with the petition requirements of this rule.(4) If the Chair, in consultation with the General Counsel, denies the petition, the General Counsel shall give the petitioner written notice of the denial and the reasons for the denial.(f) The General Counsel may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within one year after the date of the initial petition.37 Tex. Admin. Code § 141.57
The provisions of this §141.57 adopted to be effective July 1, 1994, 19 TexReg 4752; amended to be effective October 20, 1998, 23 TexReg 10655; amended to be effective February 5, 2004, 29 TexReg 1207; amended to be effective August 10, 2014, 39 TexReg 5962; Amended by Texas Register, Volume 42, Number 31, August 4, 2017, TexReg 3879, eff. 8/13/2017; Amended by Texas Register, Volume 47, Number 35, September 2, 2022, TexReg 5341, eff. 9/8/2022