TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 30. ADMINISTRATION

SUBCHAPTER AA. COMMISSIONER OF EDUCATION: GENERAL PROVISIONS

19 TAC §30.1001

The Texas Education Agency (TEA) adopts an amendment to §30.1001, concerning petition for adoption of rule changes. The amendment is adopted without changes to the proposed text as published in the March 3, 2017 issue of the Texas Register (42 TexReg 857) and will not be republished. The adopted amendment updates the petition form adopted in rule to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person specified in statute and adds language to specify the reasons the commissioner of education may deny a petition for rulemaking.

REASONED JUSTIFICATION. 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 §30.1001 effective September 23, 2004. Effective May 12, 2009, the section was amended to 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.

House Bill 763, 84th Texas Legislature, 2015, amended the Texas Government Code, §2001.021, to define the term interested person for the purposes of petitioning a rule change. The statute states that an interested person must be one of the following: a resident of Texas, a business entity located in Texas, a governmental subdivision located in Texas, or a public or private organization located in Texas that is not a state agency. The adopted amendment to 19 TAC §30.1001 updates Figure: 19 TAC §30.1001(a) to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person specified in statute.

In addition, in order to facilitate public awareness of the petition process, the adopted amendment adds a new subsection (d) that specifies the reasons the commissioner may deny a petition for rulemaking. The reasons include lack of jurisdiction or authority; conflict with statute, court decisions, or another commissioner rule; determination that another process would be more appropriate than rulemaking; inappropriate use of the petition process if filing a petition within one year of having the petition denied or to amend a rule proposed or adopted by the commissioner that has not yet become effective; or any other reason the commissioner determines is grounds for denial.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began March 3, 2017, and ended April 3, 2017. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted under the Texas Government Code, §2001.021, which authorizes a state agency to prescribe by rule the form for a petition and the procedure for the submission, consideration, and disposition.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Government Code, §2001.021.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 6, 2017.

TRD-201701468

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: April 26, 2017

Proposal publication date: March 3, 2017

For further information, please call: (512) 475-1497