Texas Administrative Code

(a) Minimum axle group spacing. For an axle group to be permitted for maximum weight authorized under this section: (1) an axle group must have a minimum spacing of four feet, measured from center of axle to center of axle, between each axle in the group; and (2) two or more cons…

(a) Carrying of permit. The original permit issued by the district must be carried in the permitted vehicle. (b) Prohibition on movement with void permit. A permittee is prohibited from transporting an oversize or overweight load with a void permit. A permit is void if the applic…

The district shall maintain records that evidence compliance with this subchapter. Those records are subject to audit by department personnel. Notes 43 Tex. Admin. Code § 28.47 The provisions of this §28.47 adopted to be effective October 18, 2012, 37 TexReg 8207

In accordance with Transportation Code, Chapter 623, Subchapter K, the commission may authorize Port Freeport to issue permits for the movement of oversize or overweight vehicles carrying cargo on roads designated by Transportation Code, § 623.219(b) . This subchapter sets forth …

In this subchapter, "district" means Port Freeport, which is subject to Special District Local Laws Code, Chapter 5002. Notes 43 Tex. Admin. Code § 28.61 The provisions of this §28.61 adopted to be effective September 18, 2013, 38 TexReg 6231

(a) The department will review and evaluate certification applications submitted under this subchapter. (b) The department will deny an application: (1) if the application: (A) is not complete; or (B) contains false or misleading information; or (2) if the applicant: (A) does not…

(a) The department will certify the applicant or deny the application within 60 days after the date that the department receives the completed application. (b) If the application is denied, the department will notify the applicant in writing of, and state the reasons for, the den…

(a) Before the department will provide route information to the Texas Department of Motor Vehicles for the issuance of the oversize and overweight permit for a superheavy load, the department must receive from an engineering firm certified under this subchapter a written report t…

(a) The department at any time may terminate for cause a certification issued under this subchapter. (b) The department will send written notification of the termination to the engineering firm and the Texas Department of Motor Vehicles. The department will not accept a report un…

(a) To obtain bridge information, including bridge plans and inspection reports, from the department, an engineering firm must be certified under this subchapter and must enter into a confidentiality agreement relating to that information. (b) The confidentiality agreement must r…

Each report required to be filed with the commission pursuant to the Government Code, § 302.013 (concerning Filing of Statement of Contributions, Loans, and Expenditures), shall set forth the total amount of interest earned during the reporting period. Notes 1 Tex. Admin. Code § …

The following words and terms, when used in this Chapter 28, shall have the following meanings, unless the context clearly indicates otherwise: Campaign funds--For purposes of the Government Code, Chapter 302 (concerning Speaker of the House of Representatives), "campaign funds" …

As required by the Government Code, § 302.020 (concerning Permitted Expenditures), a speaker candidate shall not expend campaign funds for any purpose other than those permitted by §302.020 (concerning Permitted Expenditures), and then only if those expenditures are directly rela…

(a) Capabilities. The DNA database must be capable of classifying, matching, and storing the profiles or other results of analyses of DNA. (b) National standards. Standards for DNA analysis shall meet or exceed the current standards for quality assurance and proficiency testing f…

The director shall provide a reasonable quantity of sample collection kits to a criminal justice or law enforcement agency in this state, which is required by statute to collect offender samples, at no cost to the agency. A sample collection kit shall consist of any items necessa…

In order for a sample to comply with DPS collection provisions, all of the following standards must be met: (1) The sample shall have been collected pursuant to the following: (A) proper statutory authority, (B) court-order, or (C) voluntary submission. (2) The sample shall be co…

(a) Information may be released to a criminal justice or law enforcement agency about whether or not a satisfactory DNA sample has been received. (b) A formal request shall be provided and should contain: the offender's full name, date of birth, and Texas State Identification (SI…

(a) Each committee member representing an agency shall appoint a representative to the permitting assistance group (PAG). Each agency's PAG representative is responsible for submitting the information that his or her agency is required to provide under these rules. Other interest…

The permitting assistance coordinator will provide applicants for federal licenses or permits with assistance regarding the means for ensuring that the proposed activity will be conducted in a manner consistent with the goals and policies of the CMP. Upon request by an applicant,…

A criminal justice or law enforcement agency shall follow the procedures established by the director under this chapter and specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software. Notes 37 Tex. Admin. Code § 28.3 T…

(a) TJJD shall collect and forward thumbprints with each DNA sample collected under this subchapter. (b) The thumbs must be rolled to capture the entire print. (c) TJJD shall provide a legible signature of the person collecting the sample and, for identification purposes, should …

If a juvenile is confined in another juvenile detention facility after adjudication and before admission to TJJD, and TJJD determines that the juvenile is likely to be released before being admitted to TJJD, TJJD shall cause a sample to be collected from the juvenile. The adminis…

If requested by the director, TJJD shall notify the director that a juvenile subject to this subchapter is to be released from custody not earlier than the 120th day before the juvenile's release date. Notes 37 Tex. Admin. Code § 28.66 The provisions of this §28.66 adopted to be …

If a juvenile is released without first having submitted a required sample, TJJD shall file an appropriate report with the director. The director may seek post-release compliance with this subchapter. Notes 37 Tex. Admin. Code § 28.67 The provisions of this §28.67 adopted to be e…

(a) Information about this chapter is available at the following website: http://www.dps.texas.gov. (b) Except as provided by § 28.109 of this title (relating to CODIS Communications) and § 28.130 of this title (relating to DNA Communications), a forensic DNA laboratory or accred…

(a) Each PAG member must submit a preliminary finding to the permitting assistance coordinator in writing no later than ten days after receipt of the permitting agency or subdivision's preliminary statement. (b) The preliminary finding must object to or concur with the agency or …

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Approved laboratory or lab--A public or private forensic laboratory that is approved by the director under this subchapter. The term does …

(a) Purpose. This subchapter contains the director's rules governing the taking of a biological sample from certain eligible individuals by an agency in order to populate the DPS DNA database. (b) Applicability. The general law and rules governing CODIS apply to this subchapter e…

This subchapter applies to an eligible individual described in this section, including an individual who is: (1) indicted or waives indictment for a felony prohibited or punishable under Penal Code: (A) §20.04(a)(4) (aggravated kidnapping with intent to cause bodily injury or vio…

(a) Date of approval. A laboratory outside the department must: (1) be approved on the date a DNA sample is analyzed by the lab; and (2) remain approved at least until the date the analysis report is submitted by the lab to the director. (b) Manner. An agency or other entity seek…

(a) Information about this subchapter is available at the following website: http://www.dps.texas.gov/CrimeLaboratory/CODIS/index.htm. (b) To inquire about information and administrative matters with, transmit to, or otherwise contact the department, director, or Crime Laboratory…

This subchapter applies to the collection, storage, preservation and retrieval of biological evidence as defined and specified in Code of Criminal Procedure, Article 38.43. Pursuant to this article, the department has adopted standards, consistent with best practices, which are l…

(a) Biological evidence and materials should be collected, handled, and preserved in a manner that prevents contamination and degradation and ensures integrity during all phases of the investigation, pretrial, and post adjudication, including: (1) Packaging each item of biologica…

(a) The retention and preservation schedule for biological evidence may be accessed in Code of Criminal Procedure, Article 38.43(c). (b) Long-term evidence retention should be part of the governmental evidence-retention entity's evidence control policy. (c) A governmental evidenc…

This subchapter applies to the cataloging, delivery to the department, and disposition of biological evidence for counties with a population less than 100,000 as specified in Code of Criminal Procedure, Article 38.43. Notes 37 Tex. Admin. Code § 28.191 The provisions of this §28.…

(a) In the event that the commissioner, supervisor, or conservator is prevented from completing his statutory duties due to judicial or administrative order or due to operation of law, the statutory time period fixed for the completion of the commissioner's, supervisor's, or cons…

In the event that a compliance hearing is held pursuant to the provisions of the Insurance Code, Article 21.28-A, §3 or §5, the status of the affected company remains unchanged pending the issuance of a decision or order by the commissioner pursuant to the statutory time periods …

The Authority may request documentation as necessary from any lender that seeks a loan guarantee or has an active loan guarantee under this subchapter. Notes 4 Tex. Admin. Code § 28.34 The provisions of this §28.34 adopted to be effective September 1, 2009, 34 TexReg 5902

The lender shall service the loan and receive all payments of principal and interest, in accordance with lender's loan documents. In accordance with the lenders guarantee agreement with the Authority, the lender is obligated to service the loan even after an event of default. Not…

Any collection activity of a loan guaranteed under this subchapter must be approved by the Authority. Notes 4 Tex. Admin. Code § 28.31 The provisions of this §28.31 adopted to be effective September 1, 2009, 34 TexReg 5902

The purpose of the Agricultural Loan Guarantee Program is to provide financial assistance to eligible applicants who desire to establish or enhance a farming or ranching operation or an agriculture-related business. Notes 4 Tex. Admin. Code § 28.21 The provisions of this §28.21 a…

Analysis and presentation of magnetometer and side-scan sonar data upon completion of a survey to locate submerged cultural resources are subject to the following, in addition to requirements under § 26.24 of this title (relating to Reports Relating to Archeological Permits). (1)…

Applications and other written communications to the Authority should be addressed to the attention of the Texas Agricultural Finance Authority, in care of the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or other method provided in the solicitation docum…

A person may conduct a survey for the sole purpose of pure historical or archeological research on shipwrecks and not for review and compliance clearance. Such pure research surveys must be conducted under a Texas Antiquities Permit issued to a qualified archeologist by the commi…

The commission possesses information related to shipwrecks in Texas' submerged lands. Access to such information, with the exception of the list of high probability tracts described in § 28.4 (a) of this title, is limited to registered researchers as specified in Chapter 24 of th…

(a) The commission has determined there is substantial evidence of the presence of shipwrecks in certain state land tracts of Texas' submerged lands. Such tracts are designated as high probability tracts by the commission. The list of high probability tracts is maintained by the …

The purpose of the Interest Rate Reduction Program is to foster the creation and expansion of enterprises based on agriculture in this state. These sections are adopted to provide standards of eligibility and procedures for obtaining financial assistance under the Act. Notes 4 Te…