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At a Glance:
Contents of Rulemaking Petitions

§ 104.1

Contents of Rulemaking Petitions

(a) Changes or additions to the Texas Administrative Code, Title 28, Part 2 may be petitioned by an interested person under Government Code, §2001.021(d). Rulemaking petitions shall be in the form of a letter that contains the following:

(1) a brief statement summarizing the proposed section;

(2) the text of the proposed section, in the exact form proposed for adoption;

(3) a statement setting forth the statutory reference that authorizes the proposed rule;

(4) a suggested effective date;

(5) any other matter which may be required by law;

(6) the petitioner's name, mailing address, and telephone number; and

(7) a statement that the petitioner is an interested person under Government Code, §2001.021(d).

(b) The petitioner may also include a cost-benefit analysis, estimating the public benefit expected as a result of adoption of the proposed section, and the probable economic cost to persons required to comply with the proposed section. This provision is optional.

(c) The petition shall be filed with the commissioner by personal delivery, certified mail, or by email to

(d) Within 60 days after the petition is submitted, the division shall either initiate rulemaking procedures, or shall deny the petition and provide the petitioner with reasons for denial in writing.

The provisions of this §104.1 adopted to be effective March 18, 1991, 16 TexReg 1366; amended to be effective March 10, 2016, 41 TexReg 1711

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