Texas Administrative Code

A registrant shall report the subject matter of lobby activity, in accordance with Government Code, § 305.005(f)(4) , with respect to each person who reimburses, retains, or employs the registrant to engage in lobby activity. Notes 1 Tex. Admin. Code § 34.69 The provisions of thi…

Reimbursement received for the following office expenses is not included in calculating reimbursement for purposes of the registration and reporting requirements in Government Code, Chapter 305, and this chapter: (1) long distance telephone charges; (2) delivery charges; (3) phot…

(a) A change with respect to a docket number or other administrative designation is not required to be reported on an amended registration unless the docket number or other administrative designation is related to a subject matter category not previously reported by the registran…

(a) In addition to the contents required by § 305.005 of the Government Code and this chapter, a registration filed by a person who is paid a sales commission or such fee by a state agency must: (1) disclose the state agency as a client; (2) indicate that the client is a state ag…

(a) The department may submit a counterclaim under the provisions of Texas Government Code, Chapter 2260. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contrac…

These rules are intended to explain the process for the negotiation and mediation of a claim of breach of contract asserted by a contractor against the department under the Texas Government Code, Chapter 2260. These rules are not intended to replace department procedures relating…

(a) A final settlement agreement reached during, or as a result of mediation, that resolves an entire claim or any designated and severable portion of a claim or counterclaim shall be in writing and signed by representatives of the contractor and the department who have authority…

Any settlement agreement reached during the mediation shall be signed by the representatives of the contractor and the department, and shall describe any procedures that are required to be followed by the parties in connection with final approval of the agreement. Notes 37 Tex. A…

The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, representatives of the parties shall be knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credi…

(a) A contractor asserting a claim of breach of contract under the Texas Government Code, Chapter 2260, shall file notice of the claim as provided by this section. (b) The notice of claim shall: (1) be in writing and signed by the contractor or the contractor's authorized represe…

(a) If mediation does not resolve the claim, the contractor may request that the claim be referred to SOAH by the department in accordance with § 34.29 of this title (relating to Request for Contested Case Hearings). (b) SOAH procedural rules shall control a contested case procee…

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediatio…

(a) After any service, all sections of a service tag must be completed in detail, indicating all the services that have been performed, and then the tag must be attached to the respective riser of each system. (b) After any service, if noncompliant conditions or impairments exist…

(a) If a fire protection sprinkler system is found to be noncompliant with applicable NFPA standards, is not being tested or maintained according to adopted standards, or found to contain equipment that has been recalled by the manufacturer, but the noncompliance or recalled equi…

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…

All manufacturing and bulk storage facilities shall comply with the applicable provisions of the Occupations Code Chapter 2154 and this subchapter. Notes 28 Tex. Admin. Code § 34.820 The provisions of this §34.820 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred…

(a) Building site security. (1) All fireworks manufacturing plants shall be completely surrounded by a substantial fence having a minimum height of six feet. All openings in the fence shall be equipped with suitable gates which shall be kept securely locked at all times when not …

(a) General provisions. (1) Fireworks 1.3G and black powder shall be stored in magazines unless they are in process of manufacture, being physically handled in the operating process, being packaged, or being transported. (2) Black powder and Fireworks 1.3G shall be stored in a ma…

(a) General provisions. (1) These provisions apply to licensees and retail storage of more than 500 cases of Fireworks 1.4G. (2) Storage facilities containing Fireworks 1.4G must be of solid construction using sound engineering principles. (3) Electrical installation, if used, mu…

The following distance tables shall be applicable to this subchapter except to the extent that the distances are different from less restrictive federal regulations. Attached Graphic Notes 28 Tex. Admin. Code § 34.824 The provisions of this §34.824 adopted to be effective June 30…

(a) With regard to Fireworks, Title 49 C.F.R. , governing the transportation of hazardous materials, is adopted by reference as rules governing the safe distribution and transportation of fireworks as hazardous materials in Texas. These rules are subject to the following explanat…

Persons assisting at public displays must be: (1) at least 18 years old; and (2) under the direct supervision of a licensed pyrotechnic operator. Notes 28 Tex. Admin. Code § 34.827 The provisions of this §34.827 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred e…

(a) No later than the 30th day after the date the licensee receives the notice of alleged violation and recommended administrative penalty, the licensee may: (1) accept the department's determination and recommended administrative penalty by submitting payment; (2) show complianc…

After investigation of a possible violation and the facts surrounding the possible violation the state fire marshal's office may issue to the licensee a notice of alleged violation stating: (1) a brief summary of the alleged violation; (2) the amount of the recommended administra…

An administrative penalty imposed under this subchapter may be combined with a proceeding to impose other administrative sanctions. The requirements of this subchapter apply to administrative penalties imposed under this subchapter. Notes 28 Tex. Admin. Code § 34.1303 The provisi…

(a) The Fire Extinguisher Penalty Schedule is specified as follows. Attached Graphic (b) The Fire Alarm Penalty Schedule is specified as follows. Attached Graphic (c) The Fire Protection Sprinkler Penalty Schedule is specified as follows. Attached Graphic (d) The Fireworks Indoor…

(a) The commissioner delegates to the state fire marshal the authority to take disciplinary and enforcement action described in this subchapter. (b) The state fire marshal may impose an administrative penalty as described in § 34.1302 of this title (relating to Schedule of Admini…

(a) Pursuant to Section 2(a) of HB 2935 enacted by the 80th Legislature and subject to subsection (b) of this section, this subchapter does not prohibit a wholesale dealer or retailer from selling existing inventory of cigarettes on or after January 1, 2009, provided that the sta…

(a) Applicability. Except as otherwise provided in this subchapter, this section applies to each: (1) certification form and marking application, including those submitted in an alternate form in accordance with § 34.1212 (c) of this subchapter (relating to Promulgated and Altern…

(a) The purpose of this subchapter is to implement the Health and Safety Code Chapter 796, regulating the testing, certification, marking, and sale of fire standard compliant cigarettes in the State of Texas. (b) This subchapter applies to all persons subject to the Health and Sa…

(a) Donation agreement. The donor and the commissioner shall execute a donation agreement that includes the following information: (1) a description of the donation, including a determination of the value; (2) a statement by the donor attesting to its ownership rights in the prop…

Any person or entity seeking to contract with the department on a competitive basis or otherwise shall disclose all previous donations and grants made to the state fire marshal or other state agency within the preceding two years. The disclosure shall include the nature and value…

(a) After a new installation or a scheduled inspection, testing and maintenance (ITM) service, all portions of an ITM tag must be completed in detail, indicating the ITM service was performed according to the adopted standards, and the tag must be attached to the respective riser…

No gifts, grants, or donations shall be solicited by the commissioner or any officer or employee of the department. This provision shall not be interpreted to prevent submission by the fire marshal of an application for a grant which would enhance the public welfare. Such submiss…

(a) The commissioner adopts by reference the License Application for Individuals For All Types of Fire Alarm Licenses, Form Number SF032, which contains instructions for completion of the form and requires information to be provided regarding the applicant and the applicant's emp…

The training curriculum for a residential fire alarm technician training course must consist of at least seven hours of instruction on installing, servicing, and maintaining single-family and two-family residential fire alarm systems as defined by National Fire Protection Associa…

(a) On completion of the installation of a fire protection sprinkler system, all information for an installation tag must be completed in detail to indicate the water supply test data obtained during the time of installation. The tag must be securely attached by a durable method …

The sections of this subchapter shall be known and may be cited as the sprinkler rules and shall be administered by and through the state fire marshal. Notes 28 Tex. Admin. Code § 34.702 The provisions of this §34.702 adopted to be effective May 10, 1984, 9 TexReg 2380; amended t…

The purpose of this subchapter is to regulate persons engaged in the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems in the interest of safeguarding lives and property pursuant to Insurance Code Chapter 6003. Notes 28 Tex. Ad…

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these rules which can be given effect without the invalid provisions or ap…

This subchapter applies to underground and aboveground storage tanks in service after the effective date of the subchapter except for underground tanks used by retail service stations in service prior to September 1, 1969, to the extent that such stations in service prior to Sept…

The purpose of this subchapter is to administer through the state fire marshal the law set forth in the Insurance Code Chapter 6002 regarding inspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, and maintaining fire alarm or fire detecti…

(a) Approvals and certificates of registration. (1) Applications for approvals, certificates, and branch office certificates must be submitted on the forms adopted by reference in § 34.630 of this title (relating to Application and Renewal Forms) and be accompanied by all fees, d…