Texas Administrative Code

The TexTreasures grant program provides assistance and encouragement to libraries to provide access to their special or unique holdings and to make information about these holdings available to library users across the state. This grant program focuses on making unique library co…

Contract monitoring is primarily conducted by the program and administrative staff of the agency under the authority and direction of Government Code § 2261.202 . The internal audit function will perform any additional contract monitoring as specifically directed by the Audit Com…

This rule applies to each applied associate degree program submitted by an institution of higher education for approval on or after September 1, 2024. Notes 19 Tex. Admin. Code § 2.241 Adopted by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 5959 , eff. 8/15/2024

An institution may request to phase out an applied associate degree program under subchapter H of this chapter (relating to Phasing Out Degree and Certificate Programs). Notes 19 Tex. Admin. Code § 2.240 Adopted by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 5959…

The purpose of this subchapter is to establish the process for an institution to request approval for a new or revised career and technical education certificate program from the Board. Notes 19 Tex. Admin. Code § 2.260 Adopted by Texas Register, Volume 49, Number 32, August 9, 2…

The authority for this subchapter is Texas Education Code, §§ 61.003(12) , 61.051 , 61.0512 , and 96.63 , which provide that no new degree or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Texas Edu…

An institution may request to phase-out and close a certificate program under § 2.171 of this chapter (relating to Program Phase-Out Notification). Notes 19 Tex. Admin. Code § 2.267 Adopted by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 5960 , eff. 8/15/2024

The authority for this subchapter is Texas Education Code §§ 61.051 and 61.0512 , which provide that no new degree program may be added at any public institution of higher education except with specific prior approval of the Board. In addition, Tex. Educ. Code §61.05122 requires …

This subchapter applies to public universities and public health-related institutions as defined under subchapter A of this chapter. Notes 19 Tex. Admin. Code § 2.142 Adopted by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7895 , eff. 11/28/2022

The authority for this subchapter is Texas Education Code § 61.0512 , which states that institutions may offer new certificate programs with the Board's approval. Notes 19 Tex. Admin. Code § 2.30 Adopted by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7888 , ef…

(a) Sections 2.350 - 2.356 are effective May 15, 2025. (b) Section 2.357 is effective November 1, 2025. Notes 19 Tex. Admin. Code § 2.358 Adopted by Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 8880 , eff. 11/14/2024

(a) The Board shall conduct one or more public hearings for any purpose set forth in § 2.54 (a) of this subchapter (relating to Requests for Board Hearings). If the property is located in more than one city or town, the hearing(s) on any single tract of land may be combined. At l…

(a) A person may represent himself or herself. (b) A person may be represented by an attorney authorized to practice law in the State of Texas or other representative when authorized by law. (c) A party's representative shall enter his or her appearance in the case by filing a no…

(a) A person whose application for a Capitol access pass is denied, or whose pass is suspended or revoked, based on a criminal history disqualifier, may request an informal review by department staff by submitting to the department a written request for the review in compliance w…

This chapter sets forth the enforcement mechanisms that the Department may use to bring about compliant administration of Department funded state or federal programs and exclude or remove from Department programs, Persons who have established, through certain noncompliant behavio…

The words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Capitalized words used herein have the meaning assigned in the specific chapters of this title that govern the program associated with the request, i…

The board shall issue an order adopting or revising a development plan and/or, if applicable, rezoning the property or granting variances or other necessary relief from ordinances of a political subdivision, if, after the hearing(s), the board determines that local ordinances, ru…

(a) A Responsible Party must comply with all applicable Legal Requirements. (b) A failure by the Department to identify, address, or take action with respect to any one or more Events of Noncompliance does not constitute a waiver, ratification, or approval of, consent to, or agre…

(a) The enforcement mechanisms referenced in this chapter are not the exclusive mechanisms whereby compliance may be obtained in any particular circumstance. Enforcement mechanisms related to Department programs may include, where applicable, those required or employed by other e…

A simple majority of the board members constitutes a quorum with power to act in all cases. Notes 31 Tex. Admin. Code § 2.47 The provisions of this §2.47 adopted to be effective January 9, 2003, 28 TexReg 479

(a) A development plan adopted by board order, or otherwise accepted by a political subdivision, shall be: (1) final and binding on the state, its lessees, successors in interest and assigns, and affected political subdivisions, unless subsequently revised by the board, except as…

(a) The Department may place on Cost Reimbursement any Contract, other than non-Discretionary CSBG. Cost Reimbursement requires Subrecipients to submit supporting documentation and back up for Expenditures or Obligations prior to the Department releasing funds. The Department sta…

The division shall submit an initial development plan or a proposed substantial amendment to the political subdivision. The political subdivision shall review and comment on the initial development plan or proposed substantial amendment in accordance with Texas Natural Resources …

(a) The board shall provide notice of each hearing in accordance with the Texas Open Meetings Act, Government Code, Chapter 551. (b) The board shall provide written notice to a political subdivision at least 14 days prior to a board hearing. Notes 31 Tex. Admin. Code § 2.45 The p…

(a) A person may request a board hearing to: (1) appeal the denial by a political subdivision of a request for rezoning, variance, or other relief; and/or (2) request the board to consider or revise a development plan or order. (b) A person shall submit a hearing request in writi…

(a) The board shall conduct one or more public hearings for any purpose set forth in § 2.43 (a) of this subchapter (relating to Requests for Board Hearings). If the property is located in more than one city or town, the hearing(s) on any single tract of land may be combined. At l…

(a) If for any reason an administrative law judge is unable to continue presiding over a pending hearing, or issue a proposal for decision after the conclusion of the hearing, the Commissioner or SOAH may appoint another administrative law judge as a substitute, in accordance wit…

These rules shall govern the procedures for conducting public hearings before the Special Board of Review, as defined in § 2.41 of this subchapter (relating to Definitions.) Notes 31 Tex. Admin. Code § 2.40 The provisions of this §2.40 adopted to be effective January 9, 2003, 28 …

(a) The administrative law judge shall have the authority and duty to: (1) establish the jurisdiction of the agency; (2) conduct a full, fair, and impartial hearing; (3) take action to avoid unnecessary delay in the disposition of the proceeding; and (4) maintain order in the con…

The following words, terms and phrases, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The special board of review, chaired by the Commissioner of the General Land Office, consisting of the members of the…

(a) Persons attending or participating in the hearings shall conduct themselves in a respectful manner that allows for orderly and polite discourse. The chairman may take appropriate actions to ensure an orderly meeting may be conducted. (b) Any person may be represented by an at…

The following shall apply to any hearing before the School Land Board, board for lease or Special Board of Review: (1) hearings shall comply with the Texas Opens Meeting Act, Texas Government Code, Chapter 551. (2) Hearings shall be recorded in a manner at the discretion of the c…

(a) Notice shall be given in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 and the hearing will be conducted although some or all persons who wish to participate, their attorney or person authorized to speak on their behalf may fail to attend. (b…

(a) The chairman shall briefly state the nature of the hearing or meeting. The chairman will allow for the submission of documents, studies or other materials relevant to the hearing. The chairman will determine the order of the proceedings. The board may limit the number of part…

(a) The provisions of any rule referring to the board shall be construed to apply to the members of the board (including the chairperson) if the matter is within the jurisdiction of the board. Unless otherwise provided by law, a board member or the chairperson may delegate any du…

Unless otherwise expressed by the provisions of this subchapter, all time periods shall be calculated from the date on which a development plan or hearing request is filed with the political subdivision. Notes 31 Tex. Admin. Code § 2.50 The provisions of this §2.50 adopted to be …

The effective date of an order, unless otherwise stated, is the date of its signing by the commissioner. Notes 31 Tex. Admin. Code § 2.26 The provisions of this §2.26 adopted to be effective January 9, 2003, 28 TexReg 479

Administrative action shall become final upon the occurrence of any of the following: (1) issuance by the commissioner of an order and failure to file a motion for rehearing in accordance with § 2.23 of this subchapter (relating to Rehearing); or (2) issuance by the commissioner …

If the commissioner finds that an imminent peril to public health, safety, or welfare requires immediate effect of an order, such finding shall be stated in the order. The commissioner shall also state that such order is final and effective from and after the date signed. Such an…

Except as provided in § 2.27 of this subchapter (relating to Emergency Order), a timely motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed by a party not later than the 20th day after the date the party or the attorney of record is notified …

(a) All final orders shall be in writing and shall be signed and dated by the commissioner. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explici…

(a) Not later than the 30th day after the date on which the commissioner's order is final, an aggrieved party may file a petition for judicial review. (b) Judicial review of the order or decision of the commissioner shall be under the APA. (c) The party who appeals a final order …

Where permitted by law, the commissioner may, at any time after notice to all interested parties, cite any person or agency under the commissioner's jurisdiction to appear at a public hearing and require such person or agency to show cause why it should not comply with any applic…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative Law Judge--An individual designated by the State Office of Administrative Hearings or by the Commissioner to act as a he…

If the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the administrative law judge, served on all parties, a…

(a) General. Evidence shall be admitted in accordance with the APA and the Texas Rules of Civil Evidence. (b) Exclusion of witnesses: (1) Upon request by any party, the administrative law judge may exclude witnesses other than parties from the hearing room, except when testifying…

(a) Contents of record. The record in a contested case includes: (1) all pleadings, motions, briefs, and interim orders; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings on objections; (…