ADMINISTRATION

(a) Purpose. The purpose of this rule provides for the Department's compliance with 34 TAC Chapter 20, Subchapter F, Division 3, the rules of the Texas Comptroller of Public Accounts addressing procurement, which require state agencies to adopt protest procedures consistent with …

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Revisions to this Subchapter reflect updates to 2 CFR Part 180 and 2 CFR Part 200, which are generally effective for Contracts executed on or after October 1, 2024. This rule also reflects conformance with the Texas Grant Management Standards Version 2.0 (TxGMS) published by …

(a) For this section, the word Subrecipient also includes Multifamily Development Owners who have applied for or received Direct Loan Funds, grants or 811 PRA funds from the Department who are or have an Affiliate that is required to submit a Single Audit, i.e. units of governmen…

The Department is required to assure that fiscal control and accounting procedures for federally funded entities will be established to assure the proper disbursal and accounting for the federal funds paid to the state. In compliance with that assurance the Department requires pr…

(a) Purpose. The purpose of this section is to provide uniform Department guidance on Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1986 (PRWORA), which provides that an alien who is not a Qualified Alien is not eligible for any federal …

(a) When the federal government has provided the Department a waiver, suspension, or contract amendment of a federal programmatic regulation, federal statute, or contract term in response to a state or federally declared disaster, and the requirement waived, suspended, or amended…

It is the policy of the Department to encourage the use of Historically Underutilized Businesses ("HUB") in the Department"s procurement processes. The purpose of the HUB program is to promote full and equal business opportunities for all businesses in an effort to remedy dispari…

(a) An incurable neurodegenerative disease is a condition, injury, or illness: (1) that occurs when nerve cells in the brain or peripheral nervous system lose function over time; and (2) for which there is no known cure. (b) A qualifying physician under Texas Occupations Code, Ch…

(a) Purpose. Subchapter PP of Chapter 2306, Texas Government Code, Property Designated by Political Subdivision for Camping by Homeless Individuals, was enacted in September 2021. §2306.1122 provides that a Political Subdivision may not designate a property to be used by homeless…

(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code Chapter 55, and does not modify or alter rights that m…

(a) Aviation Advisory Committee.(1) Purpose. Created pursuant to Transportation Code, § 21.003, the Aviation Advisory Committee provides a direct link for general aviation users' input into the Texas Airport System. The committee provides a forum for exchange of information conce…

(a) The Board shall provide a training program for members of institutional governing boards in accordance with provisions set forth in Texas Education Code, § 61.084 and § 61.0841. (b) The Board may prescribe an alternative training program for members of governing boards as per…

(a) The Texas Higher Education Coordinating Board values its employees and, pursuant to Texas Government Code Chapter 661, Leave, Subchapter A, State Employee Sick Leave Pool, an agency sick leave pool shall be administered to assist employees and their immediate families in deal…

(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code Chapter 55 and does not modify or alter rights that ma…

(a) This subchapter shall govern instances in which individuals request correction of incorrect information, for which the agency is responsible, pertaining to the individual or to a person that the requestor has the legal right to represent. This subchapter should not be read to…

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise: (1) Agency--Texas Higher Education Coordinating Board. (2) Day--A calendar day. If an act is required to occur on a day falling on a Satu…

(a) An individual who finds that the information collected by and in the possession of the agency on a form or through electronic media, is incorrect, has a right to have the agency correct the information. The individual has no right to change information that was correct when i…

(a) The program or division within the agency that is the custodian of the target information shall provide an acknowledgement of receipt of the correction request to the requestor within 10 days from the receipt of the request. (b) The program or division with custody and contro…

The department may use state funds to provide training and education for its employees in accordance with the provisions of the Texas Government Code, Chapter 656, Subchapters C and D. (1) Training to be duty related. The training or education must be related to the duties or pro…

No agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceedings before the department shall be enforced unless it be in writing, signed and filed with the hearings clerk as part of the record of the case, or it be read …

(a) Subpoenas. Upon the request of a party to a contested case and upon the showing of good cause, a subpoena may be issued by the commissioner or an administrative law judge employed by the department as provided by the APA, §2001.089. (b) Depositions. (1) Issuance of commission…

(a) Fees for reasonable costs incurred by the department in conducting settlement conferences under this subchapter shall be apportioned equally among parties to the conference. (b) Fees may include: (1) the costs of securing a venue suitable to facilitate the resolution of the d…

(a) Any notes or record made of a settlement conference conducted under this subchapter are confidential, and may not be disclosed unless all parties to the dispute consent to the disclosure. (b) A facilitator conducting a settlement conference under this subchapter may not be re…

(a) Statutory authority. Texas Food System Security and Resiliency Planning Council (Council) is established pursuant to Texas Agriculture Code, § 23.002 . (b) Definitions. In additional to the general definitions contained within Title 4, Part 1, Chapter 1, §1.1, the following w…

(a) Applications must be submitted in the manner specified in the request for grant applications and in accordance with this subchapter. (b) Eligible applicants shall submit a project request in the format prescribed by the department in the request for grant applications issued …

(a) The results of the settlement conference are not binding unless the parties agree otherwise. (b) If the parties reach a settlement and choose to execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract…

(a) The dispute shall be evaluated using the definitions and standards provided in the Texas Agriculture Code, Chapters 128 and 188 and any documentation provided by parties in support of their positions. (b) The department facilitator shall act as an impartial third party in the…

(a) Purpose. The Texas Organic Agriculture Industry Advisory Board (Board) is appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, § 50C.002 and is established within the Texas Department of Agriculture (the department) to assist the…

(a) Party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement must attend the settlement conference in person or virtually through video conferencing. (b) Parties and their representatives attending the settlement con…

(a) Within seven days of receipt of a request for setting in accordance with § 1.602 of this chapter (relating to Submitting a Dispute for Settlement), the department shall: (1) assign a docket number to the matter; (2) appoint a facilitator to conduct a settlement conference; (3…

(a) Every party, witness, attorney, or other representative shall comport himself in all department proceedings with dignity, courtesy, and respect for the department, the administrative law judge, and all other parties and participants. Attorneys shall observe and practice the s…

The expenditure of grant funds by a grant recipient shall be documented and the funds used only for activities directly related to the purpose of the ZAPD Grant Program. Notes 4 Tex. Admin. Code § 1.1203 The provisions of this §1.1203 adopted to be effective August 4, 2013, 38 Te…

(a) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal must be submitted in writing and received by the Commis…

(a) If there is a dispute as to the amounts owed a lien claimant for agricultural chemicals or feed or the costs of labor associated therewith as defined under the Texas Agriculture Code, Chapters 128 and 188, an attempt at resolving the dispute may be submitted to the department…

(a) The Texas Agriculture Code, Chapters 128 and 188 provide for the establishment of liens in favor of sellers of agricultural chemicals, agricultural seeds, or animal feed, or of a provider of labor in connection with the agricultural chemicals, agricultural seeds, or animal fe…

(a) The Committee. The Wine Advisory Committee (Committee) is established pursuant to Texas Agriculture Code § 12.0204 . The Committee serves in an advisory capacity and is subject to Texas Government Code, Chapter 2110. (b) Purpose. (1) The Committee shall assist the Commissione…

Unless otherwise provided by statute, time periods provided for in these rules shall be computed and enlarged as provided in the Texas Rules of Civil Procedure, Rules 4 and 5. Notes 4 Tex. Admin. Code § 1.6 The provisions of this §1.6 adopted to be effective January 18, 1991, 16 …

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Business day--Any day during which the United States Post Office or during which the department is open for business f…

This subchapter identifies advisory committees created by or under statute to advise the Texas Department of Agriculture and, in accordance with the provisions of the Texas Government Code, Chapter 2110 (Vernon Supp.2000), prescribes the purposes and duties of such committees, an…

An institution of higher education, as defined in Texas Education Code, Section 61.003 , that agrees to conduct plant pest and disease detection and surveillance, is eligible to apply for a grant under this subchapter if the department determines that: (1) the institution of high…

For good cause, the commissioner may make exceptions to the procedures in §§ 1.51 - 1.54 of this title (relating to Collection of Debts). Notes 4 Tex. Admin. Code § 1.55 The provisions of this §1.55 adopted to be effective August 3, 1993, 18 TexReg 4747.

The department will maintain records identifying all persons or entities liable for delinquent obligations and the correct physical address of the debtor's place of business and/or residence, if available. Such records should also contain collection histories on each debtor showi…

In addition to any other rules of evidence provided for in the APA, Subchapter D, the following rules will apply to proceedings before the department. (1) General rules. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed…

Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must document that persons receiving a meal funded under this subchapter are Homebound Elderly persons or Homebound persons with a Disability as defined in § …

Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must provide such meal in accordance with the service requirements outlined in Title 40 Texas Administrative Code, § 55.27(a) and (c) , or other applicable lo…

(a) The chief legal officer shall decide whether to refer a matter to the attorney general for collection. This decision and any referral generally should be made no later than 60 days after the second demand letter is sent. The 60-day guideline in this subsection shall not apply…

A Grantee must follow procedures and maintain facilities that comply with all applicable federal, state and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits. All food preparation, handling, and service activities shall c…

The expenditure of grant funds by a Grantee shall be documented and used only to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability. Permissible expenditures include, but are not limit…

Each Home-delivered meal to which grant funds are applied shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or if the organization receives funding through the Texas D…