37 TAC §151.6
The Texas Board of Criminal Justice adopts amendments to
Title 37, Part 6, Chapter 151, §151.6, concerning Petition for the Adoption
of a Rule, with changes to the text as proposed in the May 12, 2006, issue
of the
Texas Register
(31 TexReg 3847).
These revisions are necessary to conform to state law and add clarity.
No comments were received regarding the proposal.
The amendments are adopted under Texas Government Code, §2001.021.
Cross Reference to Statutes: Texas Government Code, Chapter 2001.
§151.6.Petition for the Adoption of a Rule.
(a)
Submission of the petition.
(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)
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)
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:
(A)
a brief explanation of the proposed rule;
(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;
(C)
a statement of the statutory or other authority under which
the rule is to be promulgated;
(D)
whether there will be an economic impact on persons required
to comply with the proposed rule;
(E)
whether the proposed rule will have an effect on small
or micro businesses; and
(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.
(b)
Consideration and disposition of the petition.
(1)
Except as provided in subsection (c) of this section, the
Agency shall consider and dispose of all petitions submitted.
(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)
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.
(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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 11, 2006.
TRD-200603692
Melinda H. Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: July 31, 2006
Proposal publication date: May 12, 2006
For further information, please call: (512) 463-0422
37 TAC §151.55
The Texas Board of Criminal Justice adopts amendments to
Title 37, Part 6, Chapter 151, §151.55, concerning Disposal of Surplus
Agricultural Goods and Agricultural Personal Property without changes to the
text as proposed in the May 12, 2006, issue of the
Texas Register
(31 TexReg 3848).
These revisions are necessary to conform to existing organizational structure
and law.
No comments were received regarding the proposal.
The amendments are adopted under Texas Government Code, §497.113.
Cross Reference to Statutes: Texas Government Code, Chapter 497.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 11, 2006.
TRD-200603693
Melinda H. Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: July 31, 2006
Proposal publication date: May 12, 2006
For further information, please call: (512) 463-0422