Texas Administrative Code

(a) Application. The provisions of this section apply to residential-customer bills issued by all certificated telecommunications utilities (CTUs). Only subsections (d)(3), (e)(1)(C) and (e)(7) of this section apply to a deregulated company holding a certificate of operating auth…

(a) Notification requirement. A certificated telecommunications utility (CTU) shall inform Spanish-speaking applicants and customers how they can get the information in subsection (b)(1), (2), (3), and (6) of this section in Spanish. This may be accomplished by an informational s…

(a) Dominant certificated telecommunications utility (DCTU). (1) Bill due date. The bill provided to the customer shall include the payment due date, which shall not be less than 16 days after issuance. (A) The issuance date is the postmark date on the envelope containing the bil…

(a) Applicability. Unless the context clearly indicates otherwise, the provisions relating to expanded interconnection for special access and/or private line services in this section apply to each carrier that is dominant with respect to special access services and that has inter…

(a) Purpose. The purpose of this section is to ensure that a telecommunications service provider that is certificated provides local exchange service, basic local telecommunications service, or switched access service within the state interconnect and maintains interoperable netw…

(a) Application. This section applies to incumbent local exchange companies (ILECs) as that term is defined in the Public Utility Regulatory Act (PURA), §51.002(3). The obligations prescribed by this section may be applied to an ILEC with fewer than one million access lines in th…

(a) Rate structure. Certificated telecommunications utility (CTU) rates for wholesale service must be designed on a flat access line and/or a local message usage rate basis. Multi-element measured rates are prohibited. In areas without measuring capabilities, the CTU may use a fl…

(a) Notwithstanding the provision of § 26.319 (1)(C) of this title (relating to Access to the Operator of a Local Exchange Company (LEC)) that would otherwise require notice to interexchange carriers, an operator services provider (OSP) must not bill the pay telephone service (PT…

(a) Purpose. This section implements the Texas Business & Commerce Code Annotated §44.103 (Bus. & Com. Code) relating to rules, customer information, and isolated violations of the Texas no-call list. (b) Application. This section is applicable to: (1) Certificated telecommunicat…

(a) Purpose. This section establishes the procedures under which this commission may order reclamation of a code or thousands-block, and under which a code holder may petition the commission for an extension of the period of time allowed for code or thousands-block activation. (b…

(a) No telecommunications provider shall discriminate on the basis of race, nationality, color, religion, sex, marital status, income level, or source of income. (b) No telecommunications provider shall unreasonably discriminate on the basis of geographic location. (c) Nothing in…

(a) Purpose. The purpose of the Texas Universal Service Fund (TUSF) is to implement a competitively neutral mechanism that enables all residents of the state to obtain the basic telecommunications services needed to communicate with other residents, businesses, and governmental e…

(a) Purpose. This section, in conjunction with the audit, eligibility, public reporting, and affidavits of compliance requirements set forth throughout this subchapter, establishes procedures to ensure reasonable transparency and accountability in the administration of the Texas …

(a) Purpose. This section establishes guidelines for financial assistance to eligible telecommunications providers (ETPs) that serve the high cost rural areas of the state, other than study areas of small and rural incumbent local exchange companies (ILECs), so that basic local t…

(a) Purpose. This section establishes guidelines for financial assistance to eligible telecommunications providers (ETPs) that provide service in the study areas of small and rural ILECs in the state so that basic local telecommunications service or its equivalent may be provided…

(a) Purpose. This section establishes criteria to demonstrate financial need for continued support for the provision of basic local telecommunications service under the Texas High Cost Universal Service Plan (THCUSP) and the Small and Rural Incumbent Local Exchange Company Univer…

(a) Purpose. The purpose of this section is to implement the provisions of the Public Utility Regulatory Act (PURA) §56.025. (b) Application. An incumbent local exchange company (ILEC) serving fewer than 31,000 access lines and each cooperative serving fewer than 31,000 access li…

(a) This section does not apply to the retail services of an electing company, as defined by Public Utility Regulatory Act (PURA) §58.002, or to the retail nonbasic services offered by a transitioning company, as defined by PURA §65.002. (b) Each dominant certificated telecommuni…

(a) Applicability. This section establishes service objectives for a dominant certificated telecommunications utility (DCTU), as applicable. A deregulated company that holds a certificate of operating authority or a transitioning company in a market that is deregulated, is exempt…

(a) Purpose. This section establishes the requirements that apply when a certificate holder uses an alternate technology to meet its provider of last resort (POLR, sometimes also referred to as a carrier of last resort in other parts of this chapter) obligations. (b) Definitions.…

The rules set forth in 1 TAC §§ 111.61-111.70 (relating to Costs of Copies of Public Information) will apply to copies of public records made at the commission. Notes 16 Tex. Admin. Code § 26.6 The provisions of this §26.6 adopted to be effective May 27, 1999, 24 TexReg 3858

(a) Amount of assessment. Each local exchange company subject to the jurisdiction of the commission shall pay an annual per-access-line assessment. The commission shall establish the assessment rate annually according to projected Public Utility Commission and Office of Public Ut…

(a) Who shall file. The record keeping, reporting, and filing requirements listed in this subchapter shall apply to all public utilities operating in the State of Texas, excluding municipally owned utilities, unless otherwise specified. Unless otherwise specified in this subchapt…

(a) In this section the term "utility," insofar as it relates to telecommunications utilities, shall refer to dominant carriers. Moreover, the provisions of this section are applicable to all services provided by such carriers. Every utility shall keep uniform accounts as prescri…

(a) Each utility must file with the commission, on commission-prescribed forms available on the commission's website, an earnings report providing the information required to enable the commission to properly monitor public utilities within the state. A deregulated or transitioni…

(a) Application reports. It is important in the case of complex projects to ensure the historical accuracy and/or appropriateness of the project by gathering and assessing important information relating to the property through investigation, research, and documentation. Based on …

All work done on historic buildings or structures and their sites will be reviewed, and issued permits when appropriate, in accordance with one or more of the following permit categories. Section 191.054 of the Texas Natural Resources Code authorizes the commission to issue permi…

(a) Issuance of permit. The commission shall review the permit application submitted pursuant to § 26.20 of this title (relating to Application for Historic Buildings and Structures Permits) and may issue the permit, issue the permit with special conditions, request additional in…

(a) Permit application procedure. (1) Applicant qualification. Only the controlling agency, organization, or political subdivision having administrative control over a publicly owned landmark or the owner of a privately owned landmark (applicant/permittee) may apply for and be is…

For purposes of implementing the Antiquities Code of Texas, the commission is the statutorily created body responsible for protecting and preserving State Antiquities Landmarks (landmarks) under the Texas Natural Resources Code, Title 9, Chapter 191. (1) Section 191.092 of the Te…

Buildings, structures, cultural landscapes, and non-archeological sites, objects, and districts may be designated as landmarks, provided that the following conditions are met: (1) the property meets at least one of the following criteria: (A) the property is associated with event…

(a) If the permittee, project sponsor, principal investigator or other professional personnel, or investigative firm or other professional firm fails to comply with any of the rules of the commission or any of the terms of the specific permit involved, or fails to properly conduc…

(a) Processing. Principal investigators who receive permits shall be responsible for cleaning, conserving, cataloguing, packaging in archival materials; arranging for the curation of all collections, specimens, samples, and records; and for the reporting of results of the investi…

(a) With the exception of alternative mitigation and rock art preservation permits, a report must be submitted to the commission describing the results of each permitted investigation. The report should meet the Council of Texas Archeologists (CTA) Guidelines for Cultural Resourc…

Several categories of permits oriented toward specific types of investigation are issued by the Commission. Pursuant to 13 TAC § 26.13 (relating to Application for Archeological Permits), the permit applicant or project sponsor is responsible for ensuring that all permitted proje…

(a) Issuance of permit. The commission shall review the permit application submitted pursuant to § 26.13 of this title (relating to Application for Archeological Permits) and may issue the permit, issue the permit with special conditions, request additional information for review…

(a) Justification for investigation. Investigations undertaken on publicly owned cultural resources or to locate or discover such resources must be oriented toward solving a particular research problem, preparation of a site for public interpretation, or for the purpose of salvag…

Caches and collections may be considered significant and be recognized or designated as landmarks, provided that at least one of the following conditions is met: (1) the cache or collection was assembled with public funds or taken from public lands; (2) preservation of materials …

The program is designed to award grants to Texas public school campuses that can clearly demonstrate use or implementation of best practices in nutrition education for children. Notes 4 Tex. Admin. Code § 26.42 The provisions of this §26.42 adopted to be effective September 15, 2…

The following words and terms, when used in this division, shall have the following meanings, unless the text clearly indicates otherwise. (1) Best practice--An activity or program provided by the applicant that promotes or provides nutrition education, including programs that in…

The Expanding the 3E's Grant Program is authorized by § 38.026 of the Texas Education Code. Notes 4 Tex. Admin. Code § 26.40 The provisions of this §26.40 adopted to be effective September 15, 2009, 34 TexReg 6320; amended to be effective November 30, 2011, 36 TexReg 7979

The Texas Department of Agriculture is authorized, by § 12.0027, of the Texas Agriculture Code, to administer and implement a Nutrition Outreach Program to promote better health and nutrition programs and prevent obesity among children in this state. The objective of the program …

(a) This section applies only to a proposed suspension of an institution's participation based on a determination that the institution knowingly submitted a false or fraudulent claim. (b) If the department determines that an institution knowingly submitted a false or fraudulent c…

(a) This section applies only to the following actions by the department under the Child and Adult Care Food Program (CACFP): (1) Denial of an institution's application for participation; or (2) Proposed termination of an institution's program agreement with the department. (b) T…

(a) Motions. (1) Motions in all matters, except in SFSP appeals, shall be filed in writing and served on all parties not less than seven (7) calendar days before the hearing, except for good cause shown. If the non-moving party files a response to the motion, the response must be…

(a) To be considered, written documentation relating to a pending appeal must be filed with the department's docket clerk within the time prescribed in this section. Documents are filed only when received by the department's docket clerk. A document received after 5:00 p.m. Centr…

(a) Who may file. A person, or authorized representative, who has received a notice of action may file an appeal of an action described in § 26.202 of this subchapter (relating to Appealable Actions). (b) Methods of filing. An appeal may be filed by any of the following methods: …