Texas Commission on Jail Standards – 255 Rule Making Proceedures

The promulgation, adoption, amendment, or repeal of rules shall be initiated by formal action of the commission.

Notice of the proposed or adopted rule, amendment, or repeal shall be given as required by the Administrative Procedure and Texas Register Act.

Prior to the adoption, amendment, or repeal of any rule, the commission shall afford reasonable opportunity to interested persons to submit data, views, or arguments, orally or in writing. The commission or its staff, in its discretion, may use informal conferences and consultations as a means of obtaining the viewpoints and advice of interested persons, and it may appoint committees of interested persons or experts to advise it with respect to contemplated rulemaking. The powers of such committees shall be advisory only. In no event shall the commission take any action except in accordance with the law.

Any interested person may petition the commission requesting the adoption, amendment, or repeal of any of its rules. Within 60 days after receiving such petition, the commission shall initiate rulemaking proceedings or deny the petition in writing, stating its reasons for the denial. In order to receive consideration by the commission, the petition must set forth:
(1) the name of each petitioner and date of submission;

(2) the text of the proposed rule or amendment and a brief explanation;

(3) a concise statement of need and purpose of the proposed rule, amendment or repeal and the deficiencies of the existing rules concerning the situation made the subject of the petition;

(4) a list of all existing rules effectively amended or repealed by the proposed rule or amendment.

A rule, amendment, or repeal shall be valid when approved by formal action of the commission and published in accordance with the Administrative Procedure and Texas Register Act.