Texas Administrative Code

(a) The commission may use state funds in accordance with Government Code §§ 656.041 - 656.104 to provide training and education for its employees. (b) Training or education provided pursuant to subsection (a) of this section shall be related to the employee's current position or…

(a) Purpose. This section implements Government Code § 2001.021 and provides procedures for any interested person (petitioner) to request the Alcoholic Beverage Commission (commission) to adopt a rule. The petitioner must be: (1) a resident of this state; (2) a business entity lo…

(a) Complaint Sign. In accordance with Alcoholic Beverage Code § 5.53(d) , any licensed or permitted business in the state authorized to sell or serve alcoholic beverages to the ultimate consumer shall display at the place of business in a prominent place easily seen by the publi…

(a) Report required. A written report shall be prepared in connection with any audit authorized or required pursuant to this subchapter. (b) Contents of report. The written report must include a management letter containing the following items, as applicable: (1) the criteria sel…

Any person who is the owner or caretaker of animals that have died from anthrax, or who owns or controls the land on which the animals have died, is responsible for assuring that the carcass of each animal is set on fire and burned until it is thoroughly consumed. Notes 4 Tex. Ad…

Upon laboratory confirmation of the disease by approved laboratory methods, the Texas Animal Health Commission (TAHC) shall establish quarantines upon infected and exposed animals and premises, advise the owner or caretaker how to properly dispose of carcasses, and require such t…

A veterinarian who makes a presumptive diagnosis that an animal may have died from anthrax shall immediately prepare a suitable specimen from the animal and submit it to the Texas Veterinary Medical Diagnostic Laboratory in College Station or Amarillo for examination. The specime…

(a) Purpose. This section describes the standards that apply to the disposition of equipment purchased in whole or in part with state or federal public transportation funds. (b) Like-kind exchanges. In the case of like-kind exchanges, the percentage of the department's original c…

(a) Purpose. To protect the public investment in real property and equipment purchased in whole or in part with state or federal public transportation funds administered by the department, subrecipients shall observe the requirements described in this section. (b) Ownership. With…

(a) Purpose. To protect the public investment in real property and equipment purchased in whole or in part with state or federal public transportation funds administered by the department, subrecipients shall comply with the standards described in this section. (b) Real property …

(a) A retiree may be employed by a Texas public educational institution in any position, other than as a substitute, on as much as a one-half time basis without forfeiting annuity payments for the applicable months of employment. In this section, one-half time basis means no more…

(a) Purpose. Section 5305, Federal Transit Act (49 U.S.C. § 5305 ), authorizes the Secretary of the U.S. DOT to make grants to states for planning and research activities as defined in §5304 and §5305. (b) Eligible recipients. Section 5304 funds are available only to the state. O…

(a) Purpose. Section 5307, Federal Transit Act (49 U.S.C. § 5307 ), authorizes the Secretary of the U.S. DOT to make capital and operating grants for public transportation projects in urbanized areas. (b) Eligible recipients. Section 5307 funds for urbanized areas with population…

(a) Purpose. Title 49 U.S.C. § 5339 authorizes the Secretary of the U.S. DOT to make grants for bus and bus facilities. (b) Eligible recipients. Section 5339 funds are available to states and local public entities. (c) Department role. The department acts as the designated recipi…

(a) Purpose. Title 49 U.S.C. § 5310 authorizes the Secretary of the U.S. DOT to make grants for the provision of transportation services meeting the special needs of seniors and individuals with disabilities. The governor has designated the department to administer the §5310 prog…

(a) Purpose. Section 5311, Federal Transit Act (49 U.S.C. § 5311 ), authorizes the Secretary of the U.S. DOT to make grants for public transportation projects in rural areas. The department has been designated by the governor to administer the §5311 program. (b) Goal and objectiv…

(a) Purpose. The Rural Transportation Assistance Program (RTAP) will foster the development of state and local capacity to meet the training and technical assistance needs of rural public transportation systems. (b) Objectives. The RTAP will develop training and training material…

(a) Purpose. This section describes audit and close-out requirements for recipients of state and federal public transportation grant funds. (b) Audit standards. Contractor audit procedures shall meet or exceed the single audit report requirement of 2 C.F.R. Part 200 , Uniform Adm…

(a) Purpose. This section describes reporting requirements for designated recipients and subrecipients of state or federal public transportation grant funds and monitoring activities to be performed by the department. (b) Reporting requirements. The subrecipient shall submit repo…

(a) Purpose. This section describes requirements for addressing the transportation needs of clients of health and human service agencies and for the coordination of services between recipients of state and federal public transportation grant funds and other transportation operato…

(a) Purpose. To protect the public investment in real property and equipment purchased in whole or in part with state or federal public transportation funds administered by the department, subrecipients shall comply with the standards described in this section. (b) Property recor…

(a) Purpose. Title 49 U.S.C. § 5326 authorizes the Secretary of the U.S. DOT to establish and implement a national transit asset management system. Recipients and subrecipients must develop transit asset management plans and report to the Secretary annually. (b) Affected agencies…

(a) Service retirees who retired after January 1, 2021, and all disability retirees are subject to the forfeiture requirements in § 31.4 of this title (relating to Employment Resulting in Forfeiture of Retirement Annuity) for any month in which the retiree is employed by a public…

In this chapter, the following words and terms shall have the following meanings: (1) Disability retiree--A TRS retiree receiving a disability annuity payment under Subchapter D of Chapter 824, Government Code. (2) EAR--Employment after retirement. (3) Employer--Any employer requ…

(a) If TRS issues a second EAR warning as provided in § 31.5 of this title (relating to Notice and Repayment Requirements for Certain Service Retirees) to a service retiree, the service retiree shall pay to TRS an amount equal to the lesser of either: (1) the service retiree's gr…

(a) Except as provided by § 31.18 of this title (relating to Combining EAR Exceptions) and subsection (b) of this section, a retiree may be employed by a Texas public educational institution in a tutoring position that meets the requirements of Section 33.913 of the Education Cod…

(a) A service retiree may be employed in any capacity in Texas public education, including as much as full-time, if the service retiree has been separated from service with all Texas public educational institutions for at least 12 full, consecutive calendar months after the retir…

(a) In this section, "substitute" means a retiree employed by a Texas public educational institution and paid no more than the daily rate of pay for substitutes as set by the employer to work: (1) on a temporary basis in the place of a current employee(s); (2) in a vacant positio…

(a) For appeals of orders and decisions of the executive director concerning brucellosis see § 35.2(l) and § 35.2(p) of this title. (b) For appeals of orders and decisions of the executive director concerning CWD Herd Certification Program see § 40.3(h) of this title. (c) For app…

(a) Hearings of contested cases referred to SOAH shall be conducted by an administrative law judge assigned by SOAH and in accordance with the Act, the rules of SOAH, and this chapter. SOAH shall acquire jurisdiction over a case when the commission completes and files a Request t…

(a) The Commission shall enter into Memorandum of Understanding (MOU) agreements as outlined in § 444.030 of the Texas Government Code. (b) The Commission may enter into additional MOU agreements with other state agencies and/or partners. MOU agreements may result from Legislatio…

(a) Purpose. The purpose of this section is to provide a process by which an individual may appeal a notice of violation that includes an assessment of a monetary penalty for violation of law, rule of the commission, or order of the commission. This section does not apply to othe…

(a) In all cases referred to SOAH, the commission retains the right to make the final decision in a contested case. After the conclusion of a contested case hearing, the ALJ shall prepare and serve on the parties a proposal for decision that includes findings of fact and conclusi…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Administrative Procedure Act, Texas Government Code, Chapter 2001. (2) Administrative Law Judge (ALJ)--A person designated by …

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Temporary Event Approvals and File and Use Notifications shall be effective for no more than four consecutive days, except as provided by subsection (b) of this section. (b) Temporary Event Approvals issued to holders of a mixed beverage permit for events conducted in accorda…

(a) A request for Temporary Event Approval shall be made on forms provided by the commission and shall be signed and sworn to by the requestor. (b) The requestor shall e-mail the completed Temporary Event Approval request form to the Events email address for the TABC Region in wh…

(a) This section applies to holders of Mixed Beverage Permits when selling alcoholic beverages at an event authorized by a Temporary Event Approval or under a File and Use Notification. (b) Except as provided by subsection (c) of this section, a Mixed Beverage Permit holder purch…

(a) This section applies to performance bonds, which are the bonds required by Alcoholic Beverage Code § 11.61(b-1) and § 61.71(l) . (b) The first performance bond filed by a licensee or permittee with the commission as prescribed under § 11.61(b-1) and § 61.71(l) of the Alcoholi…

(a) The escrow agent shall notify the department of a request for release of funds from the entrance fee escrow account for a facility to the provider in writing within three banking days of receipt of the request. The notice shall be sent to the department on CCRC Form #9 (Notic…

(a) If a person who has contracted with a provider elects to rescind his or her continuing care contract or if a person who has made a refundable reservation agreement deposit requests the return of the reservation agreement deposit, the funds or property held in the entrance fee…

(a) The provider of a facility which was unoccupied on September 1, 1987, and for which continuing care contracts have been or will be entered into on or after September 1, 1987, shall establish an entrance fee escrow account with a bank or trust company located in this state, as…

Where any terms or sections of this chapter are determined by a court of competent jurisdiction to be invalid, the remaining terms and sections of this chapter will continue in effect. Notes 28 Tex. Admin. Code § 33.4 The provisions of this §33.4 adopted to be effective March 9, …

(a) The Commissioner may order a provider to supplement or correct a disclosure statement that has been determined to be incomplete, inaccurate or misleading. (b) Failure or refusal by the provider to abide by such an order constitutes a willful and intentional violation of this …

(a) Each provider subject to Health and Safety Code, § 246.041 , shall file an original and two copies of the disclosure statement with the department, one in a three-ring binder and two copies in the same form as it is distributed to a prospective resident, before one or more of…

This chapter applies to a provider if the provider: (1) provides continuing care under a continuing care contract agreement; (2) enters into, offers, or solicits a continuing care contract; or (3) enters into, offers, or solicits a reservation agreement on or after September 1, 1…

Following review of the application by the commissioner or the commissioner's designee, a hearing shall be held in accordance with the Government Code, Chapter 2001, Administrative Procedure Act, for the commissioner to make the determinations required under Health and Safety Cod…