Texas Administrative Code

In any hearing, the presiding officer shall administer an oath or affirmation before taking testimony from a witness.

(a) Purpose. In accordance with Tex. Gov't Code §2306.082, the Department encourages the use of negotiated rulemaking procedures for the adoption of Department rules. Tex. Gov't Code Chapter 2008 describes the procedures for negotiated rulemaking including appointment of a conven…

(a) The Texas Transportation Commission (commission) encourages the use of negotiated rulemaking for the adoption of commission rules in appropriate situations. (b) The general counsel of the Texas Department of Transportation is the commission's negotiated rulemaking coordinator…

With regard to student complaints to the Board about a public or private (non-profit, not-for-profit, or for-profit) institution of higher education that the legislature or the Agency has authorized to operate in Texas, the Board authorizes the Commissioner to issue written deter…

Unless otherwise provided for in the system bylaws, the signature of the council chairman on the following documents shall be required as certification that the advisory council has had an opportunity to review and approve: the system long range plan, the annual program of servic…

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 sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state. (1) Th…

(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 chapter if the department determines that: (1) the institution of higher e…

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.

(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.

(a) In a contested case, if a majority of the Commissioners have not heard the case or read the record, the decision, if adverse to a party other than the Commission, may not be made until: (1) a proposal for decision is served on each party; and (2) an opportunity is afforded to…

(a) The Texas Department of Health adopts by reference a memorandum of understanding entered into between the Texas Department of Human Services, the Texas Department of Health, the Texas Department of Mental Health and Mental Retardation, the Texas Rehabilitation Commission, the…

If the library represented by a council member is disqualified from system membership or chooses to withdraw from the system, that council member shall cease to be a member of the system advisory council.

In carrying out its responsibility to insure strict enforcement of the Architects' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the Practice of Architecture and the use…

(a) Any party may, within 15 days after the date of service of a proposal for decision, file exceptions to the proposal for decision. Replies to such exceptions may be filed by any other party within 10 days after the deadline for filing such exceptions. Either party may file a c…

(a) An Architect or a Principal, on behalf of an architectural firm, who forms a business association to jointly provide architectural services with any Nonregistrant who is: (1) not an employee of the Architect or architectural firm; (2) not a client of the Architect or architec…

(a) Architects duly registered in Texas are authorized to use any form of the word "architect" or the word "architecture" to describe themselves and to describe services they offer and perform in Texas. (b) A firm, partnership, corporation, or other business association may use a…

(a) At an open meeting, the Commissioners may: (1) adopt, modify, or reject the examiner's proposed findings of fact and conclusions of law in whole or in part; (2) remand the proceeding for further consideration by the same examiner or a different examiner; (3) direct the examin…

The representative of each member library of a major resource system shall have one vote as a representative of a member library.

(a) An architectural firm or other business entity that offers or provides architectural services in Texas must annually register information regarding the firm or business entity with the Board, including an email address to which all TBAE correspondence will be sent. (b) An Arc…

(a) Any party may request oral argument on a matter before the Commissioners by filing the request with the Docket Services Section as part of a party's exceptions, replies to exceptions, motion for rehearing, or reply to a motion for rehearing. A party may not orally request the…

When an interim order is provided for by law, a request for an interim order will be presented to the Commissioners for consideration at an open meeting. An interim order shall not be considered a final Commission decision. Interim orders are not appealable and shall not be subje…

A sick leave pool is established to alleviate hardship caused to an employee and the employee's family if a catastrophic illness or injury forces the employee to exhaust all leave time earned by that employee and to lose compensation from the state. (1) The Assistant Commissioner…

(a) All other noncertified photographic reproductions of traffic records, lists, or documents in the files, up to legal size (8 1/2 inches by 14 inches), prepared on standard office copy machines will be furnished as follows: (1) for 50 pages of less of readily available informat…

(a) A final decision or final order adverse to any party in a contested case shall be in writing and shall be signed by two or more Commissioners. Final decisions or final orders shall include findings of fact and conclusions of law separately stated. Findings of fact, if set for…

A decision or order becomes final as provided in §1.130 of this title (relating to Finality of Decisions or Orders). The effective date of a decision or order is the date it is signed by a majority of the Commissioners, unless otherwise stated in the order and subject to a motion…

A family leave pool is established to provide eligible employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee's own serious illness…

It is the policy of the Texas Department of Public Safety that where a fee is not set by administrative rule, then such fee as may be charged has been established by the Legislature, as a matter of state law.

(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, §51.762, and in accordance with the Texas Education Code, §61.0331, regarding requirements for Negotiated Rulemaking. Moreover, the committee is governed in accordance with the Texas A…

(a) Motions for rehearing, if filed, must be filed by a party not later than the 25th day after the decision or order that is the subject of the motion is signed, unless the time for filing the motion for rehearing has been extended under subsection (e) of this section. A motion …

(a) Reproduction of approved field copies of Department of Public Safety investigated Texas Peace Officer's Crash Reports (CR-3) will be furnished upon written request in all field offices where adequate clerical support exists and reproduction equipment is available. (b) Persons…

An order granting a motion for rehearing vacates the preceding final order. When the Commission renders a new final decision, a motion for rehearing directed to the new decision is a prerequisite to appeal.

The following words and terms, when used in this subchapter, shall have the following meanings: (1) Apply Texas System--The state's primary method for applying for admission to Texas public institutions of higher education. The Apply Texas System includes, but is not limited to, …

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.

The presiding officer has the right in any proceeding to limit the number of witnesses whose testimony will be repetitious and to set time limits in order to exclude irrelevant, immaterial, or unduly repetitious testimony so long as all viewpoints are given a reasonable opportuni…

(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) 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) Purpose. The purpose of this section is to provide procedures for contested case hearings. This section does not apply to matters such as appeals to the Board of staff decisions or waivers, and this section does not in itself create any right to a contested case hearing, but …

(a) Internal Auditor. (1) The Board shall appoint an internal auditor. (2) The internal auditor shall report directly to the Board on all matters except for those administrative matters that require the decision of the Commissioner. (3) The Board shall receive the advice and coun…

(a) A decision or order in a contested case is final: (1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing; (2) if a motion for rehearing is timely filed, on the date: (A) the order denying the latest filed motion f…

On request and payment of a fee of $10, the department may record a person's fingerprints. The department may retain records of fingerprints taken under this section.

(a) Membership shall consist of admissions administrators from Texas public institutions of higher education and participating private or independent institutions of higher education, all as defined by Texas Education Code, §61.003, that use the Apply Texas System. (b) Membership…

(a) Notwithstanding any other provision in Part 1 of this title (relating to Texas Department of Insurance), any submissions made to the Texas Department of Insurance (department) may be made electronically, unless statute requires an alternative method of submission. (b) A submi…

(a) In this section, "regulated person" means an individual, corporation, association, partnership, or other artificial person holding an authorization, meaning a permit, license, certificate of authority, certificate of registration, or other authorization, issued or existing un…