ADMINISTRATION

(a) Monetary gift or donation. The department will deposit monetary donations in the state treasury, in an approved account, to the credit of the department. The money shall be used to carry out the purposes of the department and the purposes specified by the donor. (b) Gift of t…

(a) A private entity may participate in a department highway construction project through a gift of money or tangible goods. (b) The department may accept private participation in a department highway construction project only if it determines that the private participation will …

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Department--The Texas Department of Transportation. (2) Executive Director--The executive director of the Texas Depart…

(a) Purpose. This section prescribes the requirements that govern the issuance, use, and revocation of digital certificates issued by the department for electronic commerce in eligible department programs. Texas Administrative Code, Title 1, Part 10, Chapter 203, Subchapter B gov…

This subchapter prescribes the uniform procedures governing the operation of committees created to advise the Texas Transportation Commission or Texas Department of Transportation. Notes 43 Tex. Admin. Code § 1.80 The provisions of this §1.80 adopted to be effective March 20, 199…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Department--The Texas Department of Transportation. (3) Department advisory com…

(a) Applicability. This section applies to statutory advisory committees and governs the operation of statutory advisory committees unless it is superseded by a specific provision in § 1.84 of this subchapter (relating to Statutory Advisory Committees). (b) Election of officers a…

(a) Purpose. This section governs the role of a statutory advisory committee in the adoption of new or amended rules pursuant to the Administrative Procedure Act, Government Code, Chapter 2001. (b) Preliminary notification. When the department determines that it is necessary or d…

(a) Creation. (1) Project advisory committees. (A) Purpose. The executive director may authorize a district engineer to create, by written order, an ad hoc project advisory committee composed of the following members as may be deemed appropriate by the district engineer: departme…

(a) Purpose. The commission by order may create an advisory committee for any other corridor. The purpose of an advisory committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of …

(a) Purpose. The commission by order may create a corridor segment advisory committee to assist the department in the transportation planning process for any highway corridor. The purpose of an advisory committee is to facilitate and achieve support and consensus from affected co…

(a) Except as provided by this section, each statutory advisory committee or department advisory committee is abolished on December 31, 2023. (b) The following advisory committees are abolished on December 31, 2025: (1) a statutory or department advisory committee created after D…

The promoter will at all times during the time for which the permit is issued maintain a clear and unobstructed access route through the area under his control for the use of emergency vehicles attempting to reach any platform, stage, bandstand, grandstand, or other seating facil…

(a) Parties to proceedings before the department shall be classified as applicants, petitioners, complainants, respondents, or intervenors. Parties to a proceeding shall have the right to present a direct case, cross-examine all witnesses, file requests for discovery, make legal …

(a) All pleadings shall be typewritten or printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an inside margin at least one inch wide, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are cle…

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. (1) Deputy Commissioner--The Deputy Commissioner of the Texas Department of Agriculture. (2) Interested Parties--All vendors who have sub…

(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual. (b) A f…

(a) Upon receipt of a timely protest that conforms with this subchapter, the Responsible Individual will review the protest. The Responsible Individual may request written responses to the protest from any staff of the Department and may request from the Department staff any and …

(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…

The Department will maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Department's records retention schedule. Notes 4 Tex. Admin. Code § 1.1104 The provisions of this §1.1104 adopted to be effective March 26, 2…

This subchapter does not apply to grant awards made by the Department, or any grant programs administered by the Department. Notes 4 Tex. Admin. Code § 1.1105 The provisions of this §1.1105 adopted to be effective March 26, 2013, 38 TexReg 1971; Amended by Texas Register, Volume …

(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal s…

The Zero Agricultural Pest and Disease (ZAPD) Grant Program is designed to provide grants to eligible institutions of higher education to conduct plant pest and disease detection and surveillance to detect plant pests and diseases newly introduced to this state or to a certain ar…

(a) The department shall administer the ZAPD Grant Program pursuant to Texas Agriculture Code, Chapter 71, Subchapter E, subject to the availability of funds. (b) The department shall approve a standard grant application for each grant cycle. The request for grant applications, s…

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…

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) 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 department shall not consider applications submitted after the published due date unless the deadline has been revised for all applicants. (b) The department will perform an administrative review to determine applicant eligibility and responsiveness to the request for gra…

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient. Notes 4 Tex. Admin. Code § 1.1206 Adopted by Texas Register, Volume 48, Number 37, September 15…

(a) Upon receipt of a pleading which is intended to institute a proceeding before the department and complies with this chapter as to form and content, the hearings clerk shall docket the same as a pending proceeding, number it in accordance with any established docket numbering …

(a) In an appropriate proceeding, to assist in the disposition of the proceeding without expense or burden to the parties or the department, the administrative law judge may direct the parties, their attorneys, or representatives to appear before the administrative law judge for …

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Notes 4 Tex. Admin. Code § 1.16 The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 1…

Motions for extension of time shall be in writing, filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or SOAH, and served on all parties no less than five days prior to the date that the …

(a) Every contested case hearing on an action before the department shall be conducted by an administrative law judge. (b) The administrative law judge presiding shall have the authority to do the following: (1) set hearing dates, times, and locations; (2) convene the hearing at …

(a) All contested case hearings shall be recorded by electronic means. Upon request, and payment of the required fees, any person may be provided a copy of this recording. (b) Upon written request by any party, a transcript of the hearing shall be made. The cost of the preparatio…

The purpose of these rules is to provide for standards of practice and procedure for actions by and before the department, thereby encouraging public participation and notice of department actions. Department proceedings shall be conducted in accordance with the APA and this subc…

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…

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…

(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…

(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…

(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) 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) 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) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding conducted under the authority of the Administrative Procedure Act is entitled to the following compensation: (1) mileage in the same amount per mile as th…

(a) After the record of a hearing has closed, the administrative law judge shall issue a proposal for decision, stating findings of fact, conclusions of law and making a recommendation to the commissioner on the case, or issue a final order, if authorized. (b) For cases heard by …

(a) A final decision or order in a contested case shall comport with all of the requirements of the APA, §2001.141, and shall be served on parties in accordance with the APA, §2001.142. (b) A final decision or order issued in a contested case shall be issued within 60 days from t…

Unless otherwise provided for in the APA or this chapter, the Texas Rules of Civil Procedure may be applied to govern procedural matters in proceedings before the department where, in the determination of the administrative law judge, such rules are practicable. Notes 4 Tex. Admi…

(a) These rules shall govern the procedure for the institution, conduct, and determination of proceedings before the department including hearings referred to SOAH. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, authority, or th…

(a) If a respondent fails to appear in person or by legal representative on the day and at the time set for hearing, the administrative law judge must, upon motion by the department's representative supported by proof the requirements of subsection (b) of this section have been m…

(a) Statement of purpose. Texas Agriculture Code (the Code), § 12.032 , added by the 74th Legislature, provides that the Commissioner of Agriculture and the Chief Administrative Law Judge of SOAH by rule shall adopt a memorandum of understanding (MOU) under which SOAH conducts he…