ADMINISTRATION

(a) For responses and replies to responses concerning hearing requests filed under Chapter 55 of this title (relating to Requests for Reconsideration and Contested Case Hearings; Public Comment), copies of all documents filed with the chief clerk shall be served on the executive …

Each public notice required by law or rule to be issued or published by the commission, or by a person under the jurisdiction of the commission, shall include at the beginning of the notice a succinct summary statement of the subject of the notice. The summary statement shall be …

Unless otherwise expressly provided for in these rules, the past, present, and future tense shall each include the other; the masculine, feminine, and neutral gender shall each include the other; and the singular and plural number shall each include the other. Notes 30 Tex. Admin…

(a) Agency offices. The agency's offices are located at Park 35, 12100 North Interstate 35, Austin. Effective September 1, 2002, the mailing address is: Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. (b) Chief clerk's address. Effective Septe…

Effective September 1, 2002, the seal of the commission will bear the words "Texas Commission on Environmental Quality" encircling the oak and olive branches common to other official state seals. Notes 30 Tex. Admin. Code § 1.4 The provisions of this §1.4 adopted to be effective …

(a) Subject to the limitations provided in the acts administered by the commission and the Public Information Act and copyright law, information collected, assembled, or maintained by the agency is public record open to inspection and copying during regular business hours. (b) If…

Vehicles under the care and custody of the commission and used primarily in the detection and investigation of criminal violations of state and federal environmental laws are exempt from bearing the inscription required by Transportation Code, § 721.002 . The purpose of this exem…

Except as otherwise specifically provided by commission rules, in computing any period of time prescribed or allowed by commission regulation or orders or by any applicable statute, the period shall begin on the day after the act, event, or default in question and shall conclude …

A person who wishes to initiate a proceeding at the agency should submit a written request to the executive director. The commission's rules set forth the requirements for the specific types of proceedings and the commission's or executive director's final action thereon. Notes 3…

The chief clerk shall assign a docket number to each matter scheduled for consideration during a commission meeting or contested case referred to SOAH. Notes 30 Tex. Admin. Code § 1.9 The provisions of this §1.9 adopted to be effective June 6, 1996, 21 TexReg 4689.

In all cases where the area of a tract of land titled or patented exceeds the quantity called for in the title or patent, then any person owning such survey, or a portion thereof, may, file an application to purchase such excess by complying with the following requirements: (1) A…

Upon payment of the appraisal fee, the land will be appraised by and Land Office appraiser. The appraisal will be based upon current market value. Notes 31 Tex. Admin. Code § 1.12 The provisions of this §1.12 adopted to be effective January 1, 1976.

After the land is appraised the School Land Board will set a price of 1/2 of appraised market value at which the excess may be purchased. Notes 31 Tex. Admin. Code § 1.13 The provisions of this §1.13 adopted to be effective January 1, 1976.

Upon payment of the purchase price of the land and deed of acquittance fee, the General Land Office will execute a deed of acquittance to the original patentee or his assignee, with such reservation of minerals or with no mineral reservation, accordingly as may have been the case…

Request for issuance of patent shall be made to the General Land Office by the owner of the land or his authorized agent or representative. Notes 31 Tex. Admin. Code § 1.21 The provisions of this §1.21 adopted to be effective January 1, 1976.

Field notes of the area by a licensed state land surveyor or by the county surveyor of the county in which the land is situated, together with a statutory filing fee, shall be filed with the General Land Office. Notes 31 Tex. Admin. Code § 1.22 The provisions of this §1.22 adopte…

Payment in full, based upon exact acreage, shall be made, including all principal, accrued interest, late charges, and other fees and expenses. Upon request, a statement will be furnished showing the balance of principal and interest due, as well as the patent fee and patent reco…

A certified copy of each conveyance from the original applicant down to and into the current owner, with a statutory filing fee for each deed filed, or a title opinion reflecting the chain of title and name and address of current owner and a certified copy of the deed into the cu…

A patent will be issued in the name of the last personal transferee indicated by the certified copies of deeds on file in the General Land Office. The rights granted in the patent, if issued in a name other than the current owner, will inure to the benefit of the legal owner of t…

The executed patent shall be mailed to the county clerk of the county in which the land is situated, together with the recording fee, with instructions to forward the patent, after it has been recorded, to the person remitting the payment for the land or the person designated by …

In cases where a patent has been issued and is afterward found to be in conflict with any older title, a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership from the landowner requesting that the old patent be cancelled and a new …

A new survey containing the correct description of the area, prepared by a licensed state land surveyor or by the county surveyor of the county in which the land is located, shall be furnished and must be sufficient to satisfy the General Land Office that the conflict actually do…

A patent fee and patent recording fee shall be paid in the amount set forth in § 3.31 of this title. Notes 31 Tex. Admin. Code § 1.29 The provisions of this §1.29 adopted to be effective January 1, 1976; amended to be effective May 25, 2006, 31 TexReg 4221

In cases where a scrivener's error is found in a patent, a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership by the landowner, requesting issuance of a corrected patent. The original patent shall be returned for cancellation or …

Any headright survey, homestead, donation, pre-emption, scrip, or other survey heretofore awarded or sold, which survey has been held and claimed in good faith by any party for a period of ten years prior to the date of application for patent and which survey cannot be patented u…

When it is revealed as a result of a resurvey that an area previously occupied as a part of one survey is actually in an adjoining survey, and if the occupied land is state land which has not been sold, the occupant may purchase the land within six months after discovery of the m…

(a) These sections are intended to provide orderly and efficient procedures for the General Land Office to determine whether a person applying for patenting to release all or a part of the state's interest in land, excluding mineral rights, substantially meets the criteria for is…

The following words and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Appropriate County--The county or counties in which the tract of land claimed by the claimant is located. (2) Board--The School La…

(a) A person claiming title to land Under § 11.084 of the Natural Resources Code may apply for a patent by filing with the commissioner: (1) an application on the form prescribed by the commissioner; (2) a notarized affidavit on the form prescribed by the Commissioner, which amon…

Filed applications shall not stay, delay or otherwise act in limitation of the authority of the Board to sell, convey or otherwise dispose of any surveyed, unsold, permanent school fund land under any other statutory authority; provided however, if a completed application is on f…

(a) The General Land Office shall review applications to determine whether the claimant substantially meets the criteria for issuance of a patent under § 11.084 of the Natural Resources Code. (b) Except as otherwise provided in §1.93. above, if the General Land Office determines …

(a) If the Board unanimously approves the tract of land for patenting to release all or part of the state's interest in the land, the patent shall be issued by the General Land Office in accordance with the requirements of the statutory authority and rules and regulations of the …

Section 11.084 of the Natural Resource Code does not apply to: (1) beach land, submerged or filled land or islands; or (2) land that has been determined to be state-owned by judicial decree. Notes 31 Tex. Admin. Code § 1.96 The provisions of this §1.96 adopted to be effective Jun…

Section 11.084 of the Natural Resource Code may not be used to: (1) resolve boundary disputes; (2) change the mineral reservation in an existing patent; (3) determine the existence of a vacancy; or (4) obtain a deed of acquittance to excess acreage. Notes 31 Tex. Admin. Code § 1.…

(a) Matters subject to these rules. These rules apply to all phases of contested case proceedings that may be referred to the jurisdiction of SOAH as provided by Tax Code, § 111.00455 and Government Code, § 2003.101 . Contested cases under those sections relate to the collection,…

(a) Requesting a redetermination hearing. (1) If a taxpayer disagrees with a deficiency or jeopardy determination, the taxpayer may request a redetermination hearing by timely submitting a written request for redetermination. This written request must include a Statement of Groun…

In each fiscal year, a municipality or county that engages in enforcement under Transportation Code, Chapter 644 (Commercial Motor Vehicle Safety Standards) may retain fines collected from such enforcement in an amount not to exceed 110% of the municipality or county's actual exp…

(a) A municipality or county that retains a fine in accordance with § 1.100 of this title (relating to Fines Retained by Municipalities and Counties for Certain Enforcement Expenses) shall, on an annual basis and no later than 60 days following the end of the most recently comple…

(a) A municipality or county that fails to file a report required under this section within 30 days of the filing deadline shall send to the comptroller for deposit to the credit of the Texas Department of Transportation payment in an amount equal to the amount of fines retained …

A municipality or county required to submit a report under this section shall retain the following records and information for a minimum of four years following the fiscal year covered by the report (regardless of whether such report was filed timely, late, or not at all) and, up…

(a) Content of Statement of Grounds. The Statement of Grounds must contain the reasons the taxpayer disagrees, in whole or in part, with the agency's determination, refund denial, or other action. The taxpayer must list and number the contested items or transactions, individually…

(a) Due date to accept or reject the Position Letter; extensions. The taxpayer must accept or reject the Position Letter, in whole or in part, within 45 days after the day the Position Letter is dated. The taxpayer may request an extension of this deadline from the assigned Tax H…

(a) If the taxpayer presents additional facts, information, documents, or legal arguments in a Reply to the Position Letter, the Tax Hearings Attorney may issue, within 90 days after receipt of the Reply, a Response stating the legal position of the AHS, and any factual disagreem…

The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agency--The Comptroller of Public Accounts. (2) AHS--The Administrative Hearings Section of the Hearings and Tax Litigation Division of …

(a) Selecting oral or written submission hearings. A hearing at SOAH may be conducted orally or by written submission. Before docketing the case at SOAH, the Tax Hearings Attorney assigned to the case will request that each party select either an oral hearing or a written submiss…

(a) Establishment and Purpose. In accordance with Government Code, Chapter 661, Subchapter A-1 (State Employee Family Leave Pool), the comptroller establishes the Employee Family Leave Pool program to provide eligible employees more flexibility in bonding with and caring for chil…

(a) Initiating a hearing. A permit holder that receives a written notice of a violation of Health and Safety Code, § 161.0901 , as provided in § 3.1204 of this title (relating to Administrative Remedies for Violations of Health and Safety Code, Chapter 161, Subchapter H or K), ma…

(a) A party may request that the ALJ consolidate or join two or more cases docketed at SOAH. See § 1.20 of this title (relating to Docketing Oral and Written Submission Hearings). Hearings may be consolidated or joined if they involve the same taxpayer, or if they involve more th…

Any person who has a direct pecuniary interest in the resolution of a contested case may request to be admitted as an interested party with the agreement of all parties. Such persons must submit the request to the Tax Hearings Attorney assigned to the case. The Tax Hearings Attor…

By the use of the Position Letter and the Reply to it, or by means of agreed facts or stipulated facts, the parties are encouraged to narrow their disagreements prior to hearing. Stipulated facts are for purposes of resolution of the contested case before the agency only, and no …