Texas Administrative Code

In this chapter, the following terms have the meanings assigned by the Insurance Code, § 562.002 and § 7001.001 : (1) Discount health care program; (2) Discount health care program operator; (3) Member; and (4) Provider. Notes 28 Tex. Admin. Code § 24.2 The provisions of this §24…

(a) The purpose of this chapter is to implement the Insurance Code, Chapters 562, 7001, and 7002 by establishing the principles of conduct applicable to a discount health care program operator in its business activities. (b) A discount health care program operator, including the …

A discount health care program operator shall: (1) comply with all applicable statutes of the State of Texas and with all applicable department rules, including Chapter 1, Subchapter D of this title (relating to Effect of Criminal Conduct); Chapter 19, Subchapter Q of this title …

(a) The commission may conduct a public hearing on any application. (b) After proper notice, the commission may take action on an uncontested application at any time after the later of the expiration of the intervention period or for which all interventions are subsequently withd…

The Department shall immediately revoke a license if a person: (1) pleads guilty to, or is convicted of, any felony related to a controlled substance under Texas law, federal law or the law of any other state; (2) made a false statement or provided false information or documentat…

Section 12.020 of the Code, which provides for the assessment of administrative penalties, applies to a person who violates the Code or this chapter. Failure to pay an administrative penalty assessed by a final order of the Department is a violation of this chapter. Failure to pa…

No person shall bring into the State of Texas a hemp plant, that originated from cannabis plants germinated, cloned, or transplanted outside of the State of Texas without a valid transport manifest, or other valid documentation authorized by another state, the USDA, Indian Nation…

A person transporting hemp plant material in the State of Texas shall not concurrently transport any cargo that is not hemp material. Notes 4 Tex. Admin. Code § 24.43 Adopted by Texas Register, Volume 45, Number 10, March 6, 2020, TexReg 1670 , eff. 3/11/2020

(a) The Department shall maintain and make available to license holders a list of businesses that sell hemp seeds certified or approved for production, sale, offered for sale, or distributed within the State of Texas. (b) A person may not sell, offer for sale, distribute or use h…

After May 1, 2020, a person or entity may not sell, possess, hold, or purchase hemp seed in Texas unless that person holds a valid and active license issued by the Department for the production and handling of hemp. A person or entity based out-of-state is not required to be a li…

(a) Hemp seed sold, offered for sale, distributed, or used in the State of Texas must meet the legal standards for seed quality and seed labeling required by Texas and federal law, as well the legal standards of the jurisdictions from where the seed is originally sold and produce…

(a) An applicant for a hemp research license must also submit a research plan providing the following information: (1) a detailed statement specifying the nature and purpose of the hemp related research to be conducted; (2) all locations where hemp related research will be conduc…

(a) The laboratory registration fee shall be in an amount established by the Department. (b) The fee for sampling and collection conducted by the Department shall be $300. (c) The license holder shall be responsible for all fees payable to a licensed sampler contracted with the D…

(a) The fee for each Department-issued transport manifest shall be in an amount established by the Department. (b) The fee for the organic certification of hemp shall be in an amount established by the Department. (c) The fee to participate in an optional marketing program shall …

(a) Any person who wishes to produce, handle, or sample and collect hemp at any location in the State of Texas shall submit to the Department annually a completed license application in a form prescribed by the Department. (b) A person who does not hold a valid license from the D…

(a) After providing a utility with notice and an opportunity for a hearing, the commission may appoint a willing person, municipality, or political subdivision to temporarily manage and/or operate a utility that: (1) has discontinued or abandoned operations or the provision of se…

(a) The commission may place a utility under supervision where: (1) the utility has exhibited gross or continuing mismanagement; or (2) the utility has exhibited gross or continuing noncompliance with Chapter 13 of the TWC or commission rules; or (3) the utility has exhibited non…

If the commission has reason to believe that the failure of the owner or operator of a water utility to properly operate, maintain, or provide adequate facilities presents an imminent threat to human health or safety, the commission shall immediately: (1) notify the utility's rep…

(a) Purpose. This section describes the requirements for the processing of applications to change rates filed by a Class A, B, or C utility, or a Class D utility filing under Texas Water Code (TWC) §13.1872(c)(2). (b) Proceedings Under TWC §13.187. The following criteria apply to…

(a) Regardless of, and in addition to, any period of suspension ordered under subsection (b) of this section, after written notice to the utility, the commission may suspend the effective date of a rate change for not more than: (1) 150 days from the date the proposed rates would…

For purposes of this subchapter, the following definitions apply: (1) Petitioner--The entity that files the petition or appeal. (2) Protested rate--The rate demanded by the seller. (3) Cash Basis calculation of cost of service--A calculation of the revenue requirement to which a …

This subchapter sets forth substantive guidelines and procedural requirements concerning: (1) a petition to review rates charged for the sale of water for resale filed pursuant to TWC, Chapter 12; or (2) an appeal pursuant to TWC, §13.043(f) (appeal by retail public utility conce…

(a) Application. The following provisions are applicable to utilities, including those with consolidated or regional tariffs, under common control or ownership with any utility that has filed a statement of intent to increase rates under TWC §§13.187, 13.1871, or 13.18715. (b) A …

(a) Submeters or point-of-use submeters. (1) Same type submeters or point-of-use submeters required. All submeters or point-of-use submeters throughout a property must use the same unit of measurement, such as gallon, liter, or cubic foot. (2) Installation by owner. The owner sha…

(a) Jurisdiction. The commission has exclusive jurisdiction for violations under this subchapter. (b) Complaints. If an apartment house owner, condominium manager, manufactured home rental community owner, or other multiple use facility owner violates a commission rule regarding …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Other definitions may be found in Tex. Gov't Code, Chapter 2306, Chapter 1 of this title (relating to Administration), Chapter 2 of this ti…

(a) An Administrator must be certified prior to execution of a Reservation Agreement. The term of the Reservation Agreement shall not exceed 36 months, after which an Administrator must reapply for certification and a new Reservation Agreement. (b) The Department will produce an …

(a) A final appraisal is required by the Department on each property prior to loan closing. (b) Title Commitment. (1) A copy of the preliminary title report including complete legal description and copies of all schedules, covenants, conditions and restrictions, easements, and an…

The Owner-Builder must: (1) Own or be purchasing a piece of real property with the conveyance of said property evidenced by a warranty deed or Contract for Deed; (2) Be qualified as Low Income. Income eligibility of a Household is determined using the "Annual Income" as defined a…

(a) This chapter clarifies the Texas Bootstrap Loan Program, administered by the Texas Department of Housing and Community Affairs (the Department), also known as the Owner-Builder Loan Program. The Texas Bootstrap Loan Program provides assistance to income-eligible individuals, …

(a) If a corporation charges a candidate, officeholder, or specific-purpose committee for supporting or assisting a candidate or officeholder less than fair market value for goods or services in order to comply with § 253.041(b) of the Election Code, the discount is not a prohibi…

(a) An expenditure to finance a voter registration or get-out-the-vote drive is not a political expenditure if the drive encourages voting in general but does not encourage voting for or against a measure, candidate, officeholder, or political party. (b) A corporation or labor or…

(a) Any retail public utility that possesses or is required to possess a certificate of convenience and necessity (CCN) and seeks to discontinue, reduce, or impair retail water or sewer utility service, except under the conditions listed in TWC §13.250(b), must file a petition wi…

(a) Any retail public utility which possesses or is required by law to possess a certificate of convenience and necessity or a person who possesses facilities used to provide utility service must provide continuous and adequate service to every customer and every qualified applic…

(a) If a utility that is required by law to possess a certificate of convenience and necessity (CCN) receives notice that all or a portion of the utility's or system's facilities or property used to provide utility service is being posted for foreclosure, the utility shall notify…

(a) Applicability. This section applies to a voluntary arm's length transaction between an acquiring utility and a retail public utility under TWC §13.305 for which approval is required under TWC §13.301. This section does not apply to a transaction between a utility and its affi…

(a) The Department may issue a notice of suspension to a license holder if the Department or its representative receives credible evidence establishing that a license holder has: (1) engaged in conduct, being either an act or omission, violating a provision of this chapter; or (2…

(a) Meter requirements. (1) Use of meter. All charges for water service shall be based on meter measurements, except where otherwise authorized in the utility's approved tariff. (2) Installation by utility. Unless otherwise authorized by the commission, each utility shall provide…

(a) Authorized rates. Bills must be calculated according to the rates approved by the regulatory authority and listed on the utility's approved tariff. Unless specifically authorized by the commission, a utility may not apply a metered rate to customers in a subdivision or geogra…

(a) Any of the following will serve to designate a political expenditure in the form of a political contribution made by a corporation or labor organization as restricted to the establishment, administration, maintenance, or operation of a general-purpose committee: (1) A contemp…

A political committee, including a direct campaign expenditure-only committee, must include in its campaign treasurer appointment the affidavit described by section 252.003(a)(4) (relating to contents of a general-purpose committee's campaign treasurer appointment) or 252.0031(a)…

No stipulation or agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceeding before the commission shall be enforced, unless it shall have been reduced to writing and signed by the parties or representatives authorized…

(a) This chapter is intended to establish a comprehensive regulatory system under Texas Water Code chapter 13 to ensure that rates, operations, and services are just and reasonable to the consumer and the retail public utilities, and to establish the rights and responsibilities o…

(a) A district or authority created under Texas Constitution, §52, Article III, or §59, Article XVI, a retail public utility, a wholesale water service, or other person providing a retail public utility with a wholesale water supply shall provide the commission with a certified c…

Unless otherwise noted, this subchapter is applicable only to "water and sewer utilities" as defined under Subchapter A of this chapter (relating to General Provisions) and includes affected counties. Notes 16 Tex. Admin. Code § 24.151 Former §24.151 adopted to be effective Septe…

(a) Any customer or service applicant requesting the opportunity to dispute any action or determination of a utility under the utility's customer service rules shall be given an opportunity for a review by the utility. If the utility is unable to provide a review immediately foll…

(a) Grounds for refusal to serve. A utility may decline to serve a service applicant for the following reasons: (1) the service applicant is not in compliance with state or municipal regulations applicable to the type of service requested; (2) the service applicant is not in comp…