1. Commission staff identify a need to create, amend, or repeal a rule.
1(a). In addition, an interested person may petition the Commission to request the adoption of a rule. The petition shall comply with the requirements of the Administrative Procedure Act (APA), Texas Government Code, Chapter 2001. The petition shall be submitted in writing, and contain a reasoned justification for the rule being proposed, the text of the rule, a concise statement of the statutory or other provisions under which the rule is being proposed, and how these provisions authorize or require the proposed rule. The executive director shall, within 60 days of submission, either place the petition on the agenda for the next regular meeting or deny the petition in writing. A denial will be reported at the next meeting. Commission staff or its attorneys may modify the language or format of the petition before it is submitted as a proposed rule. See 37 Tex. Admin. Code § 211.11.
2. Commission staff draft a proposed rule. Legal counsel will review the proposal to determine whether it is within the Commission's legal authority to adopt.
3. In accordance with the Open Meetings Act, the proposed rule will be included on a Commission Meeting agenda posted to the Texas Register at least seven days prior to the scheduled Commission Meeting.
4. The proposed rule is presented and discussed at the Commission Meeting.
5. If no revisions or non-substantive revisions are necessary, the Commissioners take formal action to approve the proposed rule for posting to the Texas Register for notice and comment.
5(a). If substantive revisions are necessary, the proposed rule will be reviewed, rewritten, and re-submitted at a subsequent Commission Meeting or it is abandoned. (Back to step 2)
6. Following approval of the proposed rule, it is submitted to the Texas Register for posting and posted to the Commission's website.
7. The Commission receives public comments for 30 days following posting in the Texas Register.
8. Based on the public comments, no revisions or non-substantive revisions are made to the proposed rule as necessary.
8(a). Based on the public comments, substantive revisions are made to the proposed rule and the proposed rule is reviewed, rewritten, and re-submitted at a subsequent Commission Meeting or it is abandoned. (Back to step 2)
9. In accordance with the Open Meetings Act, the proposed rule will be included on a Commission Meeting agenda posted to the Texas Register at least seven days prior to the scheduled Commission Meeting.
10. The proposed rule is presented and discussed at the Commission Meeting. Public comments to the proposed rule are presented and addressed.
11. If no revisions or non-substantive revisions are necessary, the Commissioners take formal action to adopt the proposed rule and to approve the adopted rule for posting to the Texas Register.
11(a). If the Commissioners are unable to adopt the proposed rule or if substantive revisions are necessary, the proposed rule will be reviewed, rewritten, and re-submitted at a subsequent Commission Meeting or it is abandoned. (Back to step 2)
12. Following adoption of the proposed rule, it is submitted to the Texas Register for posting and posted to the Commission's website. The adopted rule becomes effective 20 days after the submission to the Texas Register or on the effective date listed in the rule. When effective, the adopted rule will appear in the Texas Administrative Code.