PART 2. TEXAS EDUCATION AGENCY
SUBCHAPTER AA. COMMISSIONER OF EDUCATION: GENERAL PROVISIONS
The Texas Education Agency (TEA) proposes an amendment to §30.1001, concerning petitioning for adoption of rule changes. The section establishes in rule the process for petitioning the adoption of changes to commissioner of education rules, as required by Texas Government Code, §2001.021. The proposed amendment would adopt in rule the form to be used when an individual elects to petition adoption of commissioner rule changes in the Texas Administrative Code.
Texas Government Code, §2001.021, requires that procedures to petition for the adoption of rule changes be adopted by rule. To comply with statute, the commissioner adopted 19 TAC Chapter 30, Administration, Subchapter AA, Commissioner of Education: General Provisions, §30.1001, Petition for Adoption of Rule Changes, effective September 23, 2004.
During the recent statutorily-required review of agency rules, the TEA legal counsel determined that the form used to petition for adoption of a rule change should be adopted in rule as a figure. Following the advice of TEA legal counsel, the proposed amendment to 19 TAC Chapter 30, Administration, Subchapter AA, Commissioner of Education: General Provisions, §30.1001, Petition for Adoption of Rule Changes, would adopt in rule as a figure the form used to petition for the adoption of rule changes to ensure compliance with statute and increase public awareness. The form has been posted on the TEA rules website since initial adoption of 19 TAC §30.1001 in September 2004.
Criss Cloudt, associate commissioner for assessment, accountability, and data quality, has determined that for the first five-year period the amendment is in effect there will be no additional costs for state or local government as a result of enforcing or administering the amendment.
Dr. Cloudt has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment would be to help increase public awareness of the commissioner of education's procedures for petitioning rule changes by adopting in rule the petition form. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.
In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal begins March 13, 2009, and ends April 13, 2009. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register on March 13, 2009.
The amendment is proposed under the Texas Government Code, §2001.021, which authorizes a state agency to by rule prescribe the form for a petition and the procedure for the submission, consideration, and disposition.
The proposed amendment implements the Texas Government Code, §2001.021.
§30.1001.Petition for Adoption of Rule Changes.
(a) In accordance with Texas Government Code, §2001.021, any interested person may petition for the adoption, amendment, or repeal of a rule of the commissioner of education by filing a petition on a form provided in this subsection. The petition shall be signed and submitted to the commissioner of education.
Figure: 19 TAC §30.1001(a) (.pdf)
[(b) A petition under this
section shall be in writing and shall contain:]
[(1) the petitioner's name, address, telephone number, and signature;]
[(2) the date the petition is submitted;]
[(3) the chapter and subchapter in which, in the petitioner's opinion, the rule belongs;]
[(4) the proposed rule text of a new rule or the text of the proposed rule change prepared in a manner to indicate the words to be added or deleted from the current text, if any;]
[(5) a statement of statutory or other authority under which the rule is to be promulgated; and]
[(6) a brief explanation of why the rule action is necessary or desirable.]
(b) [(c)] The commissioner or
the commissioner's designee shall evaluate the merits of the proposal.
(c) [(d)] In accordance with
the Texas Government Code, §2001.021, the commissioner or the
commissioner's designee shall respond to the petitioner within 60
days of receipt of the petition. The response shall:
(1) advise that rulemaking proceedings will be initiated; or
(2) deny the petition, stating the reasons for its denial.
(d) [(e)] If the commissioner
initiates rulemaking procedures in response to a petition,
the [version of the] rule text
which the commissioner proposes may differ from the rule text
[version] proposed by the petitioner.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 27, 2009.
TRD-200900892
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 12, 2009
For further information, please call: (512) 475-1497