PART 2. TEXAS EDUCATION AGENCY
SUBCHAPTER AA. COMMISSIONER OF EDUCATION: GENERAL PROVISIONS
The Texas Education Agency (TEA) adopts an amendment to §30.1001, concerning petitioning for adoption of rule changes. The amendment is adopted without changes to the proposed text as published in the March 13, 2009, issue of the Texas Register (34 TexReg 1777) and will not be republished. 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 amendment adopts 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 of education 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 adopted amendment to 19 TAC Chapter 30, Administration, Subchapter AA, Commissioner of Education: General Provisions, §30.1001, Petition for Adoption of Rule Changes, adopts 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.
The adopted amendment will establish in rule the form to be used when an individual elects to petition adoption of commissioner of education rule changes in the Texas Administrative Code.
The adopted amendment has no locally maintained paperwork requirements.
The TEA determined that the amendment will have no 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 proposed rule action began March 13, 2009, and ended April 13, 2009. No public comments were received.
The amendment is adopted 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 adopted amendment implements the Texas Government Code, §2001.021.
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 April 22, 2009.
TRD-200901527
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 12, 2009
Proposal publication date: March 13, 2009
For further information, please call: (512) 475-1497