Texas Administrative Code

For retirement effective for May only, any member who completes all service for a TRS covered employer by the 15th of June, terminates all employment in public education in Texas by the 15th of June, and satisfies all other requirements for retirement before the 31st of May shall…

The executive director is authorized to approve disability retirements after they have been approved by a majority of the medical board. Notes 34 Tex. Admin. Code § 29.22 The provisions of this §29.22 adopted to be effective January 1, 1976; amended to be effective June 6, 1999, …

(a) A retiree may change the designation of beneficiary for survivor benefits at any time. (b) A retiree who retired before June 26, 2015 and is receiving a standard service or disability retirement annuity under Government Code, § 824.203 or § 824.304(b) , who was not permitted …

Retirees who selected Options 3 and 4 who return to employment by a TRS covered employer and forfeit their annuities during the period of employment, which exceeds the period permitted by law do not thereby increase the length of the period for which payments are guaranteed. Note…

(a) The provisions of subsections (a-1) and (b-1) of § 824.202 , Texas Government Code, apply only to a person who becomes a member of the retirement system on or after September 1, 2007 and before September 1, 2014 and who has at least five years of service credit in TRS on or b…

(a) If the Teacher Retirement System of Texas (TRS) determines that amounts payable to an annuitant were not received by the annuitant before the annuitant's death, TRS may pay the amounts to the annuitant's designated beneficiary for benefits payable under the Government Code, §…

(a) All assisted properties must be located in eligible areas as defined by HUD and by the applicable NOFA. (b) The Contract term is based upon varying types of activities included in the Contract between the Department and the Department's Subgrantee. Exhibit C, Project Implemen…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise: (1) Commissioner--The Commissioner of Insurance. (2) Department--The Texas Department of Insurance. (3) Guaranty Associatio…

The following words and terms when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. (1) Act--Section 12.0271 of the Texas Agriculture Code, enacted in Senate Bill 1016, 81st Texas Legislature, R.S. (2) Commissioner--The Co…

Financial assistance under the Program may be provided only to: (1) a county with a population of not more than 75,000; (2) a municipality with a population of not more than 50,000; or (3) an Economic Development Corporation or Community Development Financial Institution that pri…

Upon funding of the Program, the Department will issue one or more Requests for Proposals for qualifying projects, at such times and upon such terms, as determined by the Department. Notes 4 Tex. Admin. Code § 29.66 The provisions of this §29.66 adopted to be effective November 1…

Pursuant to § 12.0271 of the Texas Agriculture Code, the Texas Department of Agriculture establishes the Rural Economic Development and Investment Program. Notes 4 Tex. Admin. Code § 29.70 The provisions of this §29.70 adopted to be effective November 14, 2010, 35 TexReg 10043

The Rural Economic Development and Investment Program was established by Senate Bill 1016, 81st Texas Legislature, R.S., as a financial assistance program to encourage private development in rural areas. Notes 4 Tex. Admin. Code § 29.71 The provisions of this §29.71 adopted to be…

In awarding a grant or loan of money from the Fund for a project, the Department shall consider: (1) the project's effect on job creation and wages; (2) the financial strength of the applicant; (3) the applicant's business history; (4) an analysis of the relevant business sector;…

The Department's authority to establish, implement, and administer the RED C4T Program derives from Section 12.0272 of the Texas Agriculture Code, which establishes the Texas Economic Development Fund which is appropriated to the Department for the purpose of administering, estab…

The following definitions shall apply to this subchapter: (1) Act - The State Small Business Credit Initiative Act of 2010, Public Law 111-240 , as amended. (2) Agreement - A Performance Agreement entered into between the Department and an eligible recipient selected to participa…

(a) The J4T Program is continued by the Department for all initial investments of SSBCI Funds. (b) The Act, Compliance Standards and Policy Guidelines apply to all initial investments of SSBCI Funds. (c) All terms and conditions of Agreements entered into between the Department a…

The Department shall administer the Program and any grants or loans provided under the Program. Notes 4 Tex. Admin. Code § 29.64 The provisions of this §29.64 adopted to be effective November 14, 2010, 35 TexReg 10043

(a) The Capital for Texas Program is continued by the Department for all initial loans made with SSBCI Funds. (b) The Act, Compliance Standards and Policy Guidelines for all initial loans made with SSBCI Funds. (c) All terms and conditions of Agreements entered into between the D…

Pending commissioner review of a proposed subdivision action which is referred to the commissioner, no person may conduct activities proposed by the subdivision that would irreparably alter or damage critical dunes or dune vegetation or interfere with or restrict the public's rig…

(a) Upon adoption of a rule or amendment to a rule listed in § 29.11 (b) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program), an agency may seek certification from the commissioner that the rule or rule amendment is consistent with the CMP go…

(a) Upon the commissioner's certification of an agency's rules or rule amendments pursuant to § 29.20 of this chapter (relating to Commissioner Review and Certification of Agency Rules and Rule Amendments) or § 29.23 of this chapter (relating to Expedited Certification of Rules a…

(a) When proposing to adopt or amend a rule listed in § 29.11 (b) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program) an agency shall include in the preamble to the proposed rule as published in the Texas Register the following: (1) a stateme…

(a) In accordance with this section, the commissioner may provide expedited certification of a rule or rule amendment. An agency may request and the commissioner may provide expedited certification of an agency's rule or rule amendment only if: (1) the agency has included in the …

(a) To seek commissioner review of an action identified in § 29.60 of this chapter (relating to Subdivision Actions Subject to the Coastal Management Program), a member of the committee or other person must file a written Request for Referral with the CMP coordinator. The request…

(a) Upon receipt of a timely Request for Referral which satisfies the requirements of § 29.65 of this chapter (relating to Filing of Request for Referral), the CMP coordinator shall provide a copy to each member of the committee. (b) The members of the committee shall consider th…

(a) The CMP coordinator shall, by certified mail or hand delivery, provide notice of any hearing at which the commissioner will review a proposed action to: (1) the subdivision proposing the action; (2) the applicant, if other than the subdivision; and (3) the person(s) filing th…

(a) The only basis on which the commissioner may protest a proposed subdivision action is that the proposed action is inconsistent with the CMP goals and policies. (b) Following the GLO's certification of a subdivision's dune protection and beach access plan under § 15.3 (o) of t…

(a) On review, the commissioner may affirm or protest the subdivision's proposed action. A proposed action is consistent with the CMP goals and policies and approved by the commissioner unless the commissioner determines the proposed action to be inconsistent with the CMP and pro…

(a) After the commissioner has protested a proposed subdivision action and reported its findings to the subdivision, the subdivision shall review the findings and recommendations and determine whether to modify or amend the proposed action to make it consistent with the CMP goals…

(a) The agency or subdivision with jurisdiction over a proposed action shall enforce the CMP provisions. (b) If the attorney general issues an opinion pursuant to § 29.71 of this chapter (relating to Subdivision Action After Commissioner Protest) finding that a proposed subdivisi…

The following words and terms, when used in the sections under this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Annual additions--The sum of the following amounts credited to a member's account under any defined contribution …

Computation of retirement benefits will be based upon attained age on the effective date of retirement. Notes 34 Tex. Admin. Code § 29.5 The provisions of this §29.5 adopted to be effective January 1, 1976; amended to be effective March 12, 2003, 28 TexReg 2103

(a) Actual compensation paid to a member is used in computing the highest five-years' average compensation. The computation of average compensation for members with credit transferred from the Employees Retirement System of Texas ("ERS") may not include compensation for any month…

(a) A person who lives any part of a day shall be considered to live throughout the entire day. Subject to this limitation, the effective date for death and survivor benefit annuities is the last day of the month preceding the month in which the death of the member occurs, with t…

(a) If a member is absent from service at the time of death and the absence does not meet the description in § 824.403 of the Government Code, the beneficiary is eligible to receive only the accumulated deposits of the member. For this purpose, absence from service begins Septemb…

(a) A disability retiree who is restored to active service shall immediately have benefits discontinued and the retiree shall again become a member of the retirement system. TRS shall notify the member in writing when benefits are discontinued. (b) A disability retiree is restore…

Members who are notified of their approval for disability benefits shall have 30 days from the date of the letter notifying them of their approval in which to purchase credit for withdrawn or any other applicable special service credit. Notes 34 Tex. Admin. Code § 29.24 The provi…

(a) A notice of hearing shall be served on a respondent who is a motor carrier that is registered with the Texas Department of Motor Vehicles by certified mail, return receipt requested, or by personal delivery at: (1) the last known address as reflected in the records or investi…

If there is a conflict between the SOAH rules of procedure and these rules of procedure, these rules shall control. If there is conflict between these rules and the applicable statutes, the statutes shall control. Notes 37 Tex. Admin. Code § 29.33 The provisions of this §29.33 ad…

Pursuant to the APA, §2001.177, a party seeking judicial review of the final decision of the Commission in a contested case shall pay all costs of preparing a record of the contested case proceedings. Notes 37 Tex. Admin. Code § 29.32 The provisions of this §29.32 adopted to be e…

The scope of discovery in contested case proceedings under this chapter is governed by the APA, 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure); this chapter; and the Texas Rules of Civil Procedure, as applicable. Notes 37 Tex. Admin. Code § 29.2…

Contested case hearings shall be transcribed or recorded. The cost of any transcription may be assessed against the party requesting it and included in the final decision of the director or the director's designee. Notes 37 Tex. Admin. Code § 29.21 The provisions of this §29.21 a…

All contested case hearings shall be held in Austin, Texas, and shall be open to the public. Notes 37 Tex. Admin. Code § 29.20 The provisions of this §29.20 adopted to be effective May 10, 2000, 25 TexReg 4191

These rules govern the procedure for the institution, conduct and determination of all contested cases under the department's jurisdiction. These rules do not apply to cases under Texas Transportation Code, Chapters 521, 522, 524, and 724, except contested cases brought under the…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) APA -- The Administrative Procedures Act, Texas Government Code § 2001.001 , et seq. (2) Commission -- The Public Safety Commission. (3…

(a) Review of a Consistency Certification. When reviewing a consistency certification submitted by a non-federal applicant for a federal license or permit activity listed under § 30.12 of this chapter (relating to Federal Listed Activities Subject to CZMA Review) the GLO shall co…