Commissioner's Rules
Adopted Amendment to 19 TAC Chapter 30, Administration, Subchapter AA, Commissioner of Education: General Provisions, §30.1001, Petition for Adoption of Rule Changes
Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 30, Administration, Subchapter AA, Commissioner of Education: General Provisions, §30.1001, Petition for Adoption of Rule Changes (PDF)
SUMMARY:
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts an amendment to 19 TAC Chapter 30, Administration, Subchapter AA, Commissioner of Education: General Provisions, §30.1001, Petition for Adoption of Rule Changes. The amendment adopts 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. No changes were made to the rule or figure since published as proposed.
STATUTORY AUTHORITY:
Texas Government Code, §2001.021.
EFFECTIVE DATE:
May 12, 2009.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
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.
Since the procedures for petitioning for the adoption of rule changes were codified in the Texas Administrative Code, five petitions have been submitted to and evaluated by the commissioner of education, all of which were denied. The denied petitions related to charter schools, bilingual education, state personal leave, special education, and school district ad hoc reporting.
During the recent statutorily-required review of agency rules, the Texas Education Agency (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.
No changes were made to the rule or figure since published as proposed.
FISCAL IMPACT:
The TEA has determined that there are no additional costs to persons or entities required to comply with the rule action. 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.
PUBLIC AND STUDENT BENEFIT:
The adopted amendment to 19 TAC Chapter 30, Subchapter AA, §30.1001, will help increase public awareness of the commissioner of education's procedures for petitioning rule changes by adopting in rule the petition form.
PROCEDURAL AND REPORTING IMPLICATIONS:
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.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
None.
PUBLIC COMMENTS:
The public comment period on the proposed rule action began March 13, 2009, and ended April 13, 2009. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment, Accountability, and Data Quality
Cristina De La Fuente-Valadez, Director, Policy Coordination
For additional information, email rules@tea.state.tx.us.