Texas Administrative Code

(a) A File and Use Notification does not require prior approval of the commission and may be used only if: (1) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000; (2) the estimated attendance at the event is not more than 5…

(a) All wine sold or possessed with the intention to sell at an event held in an area where the sale of that type of alcohol has not been authorized by a local option election must comply with the terms of § 16.011 of the Alcoholic Beverage Code. (b) A copy of the File and Use No…

(a) A request for Temporary Event Approval or application for a Nonprofit Entity Temporary Event Permit filed under this subchapter must be filed at least ten business days prior to the event date to avoid a late filing fee. If the request or application is filed less than ten bu…

(a) Persons or entities issued a temporary permit or authorization under this chapter must comply with all requirements of the Alcoholic Beverage Code and commission rules applicable to holders of primary retail-tier permits and licenses including, but not limited to, statutes re…

The following terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Consolidated permit--A permit issued under Texas Water Code, Chapter 5, Subchapter J, and this chapter, and that contains authorizations for activities…

(a) A consolidated permit, or any component authorization of that permit, shall be modified under all applicable rules required for the programs in the consolidated permit. A component authorization that is separated from a consolidated permit for modification shall retain the sa…

A consolidated permit, or any component authorization of that permit, shall be denied, suspended, or revoked under all applicable rules required for the programs in the consolidated permit. Notes 30 Tex. Admin. Code § 33.27 The provisions of this §33.27 adopted to be effective De…

A consolidated permit, or a component authorization of that permit, shall be corrected under § 50.145 of this title (relating to Corrections to Permits). Notes 30 Tex. Admin. Code § 33.25 The provisions of this §33.25 adopted to be effective December 10, 1998, 23 TexReg 12406; Am…

(a) A consolidated permit may be transferred as a consolidated permit or, upon request of the applicant, separated for the purposes of transferring authorizations. A component authorization that is separated from a consolidated permit for transfer shall retain the same term as th…

(a) The purpose of this chapter is to implement the commission's authority under Texas Water Code, Chapter 5, Subchapter J, to conduct coordinated permit processing and issue one consolidated permit. (b) This chapter applies to any plant, facility, unit, or site that is required …

(a) All inquiries, correspondence, applications, and other filings under this chapter must be sent to the appropriate physical, mailing, or electronic address: (1) specified on the applicable department form being used; or (2) listed on the department website. (b) Notwithstanding…

The forms listed in this section are available on the department's website. The department adopts and incorporates by reference the forms listed in paragraphs (1) - (19) of this subsection, and their use is required, where applicable, for compliance with the provisions of this ch…

A fiscal year is a period of 12 months ending on the last day of any month. The department will recognize a fiscal year only if it is established as the certificate-of-authority-holder's annual accounting period, and the books and records are kept corresponding to that period. Th…

An applicant filing for a certificate of authority under Health and Safety Code § 246.022 must pay the department a nonrefundable filing fee of $10,000. No fee is required for a §33.102 application for authority for continuing care in residence. Notes 28 Tex. Admin. Code § 33.6 T…

(a) The provider shall keep all books and records in a form and manner to accurately reflect the condition of the provider. The books and records shall contain all of the facts essential to its effective operation. (b) The provider shall provide the department free access to all …

A violation of any provision of this chapter or of any order of the Commissioner or the department entered under this chapter may subject the violator to penalties, including those stated in Insurance Code Chapter 82. Notes 28 Tex. Admin. Code § 33.5 The provisions of this §33.5 …

(a) The provider must repay the reserve fund escrow account the amount released or withdrawn not later than 18 months after it is released or withdrawn. The provider shall notify the department of the repayment by completing and returning CCRC Form #11 (Notice by Provider of Repa…

(a) For release of an amount equal to not more than one-twelfth of the loan reserve fund escrow account, the provider shall submit a request in writing to the escrow agent. (b) For the release of an amount in excess of one-twelfth of the loan reserve fund escrow account, the proc…

(a) Each provider shall establish and maintain a loan reserve fund escrow account with a bank or trust company located in Texas, as escrow agent. The provider must maintain the funds deposited in an account separate from the provider's business account. The account must be fully …

(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…

If any of the items required under § 33.204 of this title (relating to Contents of Application) is determined to be insufficient by the department, the department shall notify the applicant and give 30 days from the date of notice to correct the deficiencies. If the deficiencies …

(a) The applicant shall submit an original and two copies of the items listed in paragraphs (1) - (19), as applicable. (1) CCRC Form #1 (Application for Certificate of Authority To Do Business in the State of Texas under the Act, §246.022); (2) CCRC Form #3 (Officers and Director…

(a) The applicant shall submit the applicable filing fee, as referenced in § 33.6 of this title (relating to Fees for Filing Application for Certificate of Authority). (b) The applicant shall provide the department with an original and two copies of the entire application in thre…

(a) Sections 33.202 , 33.203 , 33.205 , and 33.206 of this title apply to continuing care in residence. (b) A person must also hold a certificate of authority to provide continuing care at a facility before the person is eligible to receive authority to provide continuing care in…

This subchapter establishes the requirements and procedures for certificates of authority, disclosure statements, and entrance fee escrow accounts applicable to continuing care in residence under Health and Safety Code § 246.022 . With respect to continuing care in residence, thi…

If the Commissioner becomes aware of an unauthorized provider and makes inquiries to determine the applicability of this chapter and the Act to the provider, the recipient of an inquiry must respond within 30 days. The Commissioner may conduct any necessary investigation or exami…

The provisions of this chapter implement the Texas Continuing Care Facility Disclosure and Rehabilitation Act, Health and Safety Code, Chapter 246. Notes 28 Tex. Admin. Code § 33.1 The provisions of this §33.1 adopted to be effective March 9, 1989, 14 TexReg 986; amended to be ef…

(a) In addition to the complaint notice required by § 33.51 (f) of this title, an authorized delegate of a money transmission license holder appointed in accordance with Texas Finance Code, Chapter 152, Subchapter F, must provide each of its Texas customers with notice that: (1) …

(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code. (b) An administrative penalty for a violation may be in an amount not to ex…

(a) For purposes of this section, the terms "debt management service" and "provider" have the meanings assigned by Texas Finance Code § 394.202 . (b) A debt management service provider who, in the course of conducting its debt management services, receives money from consumers fo…

(a) Does this section apply to me? (1) This section applies if you are a retailer, wholesaler, or service provider and in the ordinary course of business: (A) accept the currency of a foreign country or government as payment for your goods or services; (B) in connection with the …

(a) Does this section apply to me? This section applies if you hold a money transmission or currency exchange license issued by the department under Finance Code, Chapter 152. (b) Definitions. Words used in this section that are defined in Finance Code, Chapter 152, have the same…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Communicates directly with, or any variation of that phrase--In Government Code, Chapter 305, and in this chapter includes communicatio…

(a) Regulatory violations of listed statutory and rule provisions will be assessed a base penalty of $250, $500, or $1,000 as shown in Figure §34.10(g). Base penalties may be augmented or discounted based upon the number of violations and other circumstances surrounding the viola…

(a) A person must register as a lobbyist under chapter 305 of the Texas Government Code if the person makes total expenditures of more than the amount specified in Tex. Gov't Code § 305.003(a)(1), as amended by Figure 2 in 1 TAC § 18.31 in a calendar quarter, not including expend…

(a) Applicants for a pyrotechnic operator license, pyrotechnic special effects operator license, or flame effects operator license must take a written test and obtain at least a passing grade of 70%. Written tests may be supplemented by practical tests or demonstrations deemed ne…

(a) This section implements Alcoholic Beverage Code (Code) §11.64(a), which requires the commission to adopt rules addressing when a suspension may be imposed without the opportunity to pay a civil penalty. (b) The executive director or the executive director's designee may deny …

(a) Importation. Veterinary biologics produced under a regular license issued by the USDA, APHIS, VS may be imported into the State of Texas, however, prior to initial importation of any licensed veterinary biologic for sale, use, or distribution within the state, written approva…

(a) Required. Each firm and each branch office engaged in the business must obtain a certificate of registration from the state fire marshal. (b) Properly equipped licensed person. Before engaging in the business, each registered firm must have at least one licensed person who mu…

(a) Residential alarm (single station). (1) Registered firms may employ persons exempt from the licensing provisions of Insurance Code § 6002.155(10) to sell, install, and service residential, single station alarms. Exempted persons must be under the supervision of a residential …

The purpose of the rules set forth in this subchapter is to regulate the sale, distribution, and use of certain fireworks in the interest of protecting and preserving lives and property pursuant to the Occupations Code Chapter 2154. These rules should be read in conjunction with …

The rules set forth in this chapter shall be known and may be cited as the Fireworks Rules. Notes 28 Tex. Admin. Code § 34.802 The provisions of this §34.802 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas …

These sections shall apply to all firms and persons engaged in the business. Notes 28 Tex. Admin. Code § 34.803 The provisions of this §34.803 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March …

The exemptions of the Occupations Code § 2154.002 are applicable to this subchapter. Notes 28 Tex. Admin. Code § 34.804 The provisions of this §34.804 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Registe…

All notices by the state fire marshal required by any statutory provision or by these sections must be given by personal service or mailed, postage prepaid, to the person's residence or business address as it appears on the records in the Office of the State Fire Marshal. Notes 2…