Texas Administrative Code

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) An individual registrant may report an expenditure made by a lobby entity if the entity requests that the individual do so in order for the entity to avoid registration; and (1) the entity makes the expenditure in order for the individual to act on the entity's behalf to comm…

(a) A registrant is required to file each report electronically by using the Internet to transmit the report, by using the web-based filing application provided by the commission, unless the registrant files with the commission an affidavit stating that: (1) the registrant does n…

Taxes and tips are not included in determining the amount of an expenditure for purposes of Government Code, Chapter 305, and this chapter. Notes 1 Tex. Admin. Code § 34.9 The provisions of this §34.9 adopted to be effective December 18, 1996, 21 TexReg 11819.

For reporting purposes, an expenditure is not made until the amount of the expenditure is readily determinable by the person making the expenditure. If the normal business practice of a vendor or service provider is to make the amount charged known by sending a bill after expense…

For purposes of section 305.0063(d) of the Texas Government Code, expenditures shall include all expenditures reportable under section 305.006, including all expenditures that are required to be reported under subsections 305.006(b) and 305.006(c). Notes 1 Tex. Admin. Code § 34.8…

The registration of any person who has also filed an active registration statement under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. § 611 et seq.), must include the registration number assigned to the registration statement by the United States Attorney Ge…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--Texas Animal Health Commission (TAHC). (2) Executive director--The executive director of the commission. (3) Recognized l…

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties. If the par…

The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the department who have authority to bind each respectiv…

The parties shall negotiate in accordance with the timetable set forth in § 34.24 of this chapter (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation. Notes 37 Tex. Admin. …

(a) Following receipt of a contractor's notice of claim, the director's designated representative shall review the contractor's claim(s) and the department's counterclaim(s), if any, and initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim…

(a) Except for fees specified in subsection (b) of this section, all fees payable must be submitted by cashier's check or money order made payable to the Texas Department of Insurance or by online payment. Except for overpayments resulting from mistakes of law or fact, all fees a…

(a) Except as provided in § 34.1206 of this subchapter (relating to Alternative Testing Methods), each cigarette variety must be tested in compliance with the Health and Safety Code § 796.003 . (b) The manufacturer is solely responsible for ensuring that all cigarette varieties n…

(a) General Requirements. (1) Pursuant to § 796.004 of the Health and Safety Code, a cigarette manufacturer may not certify a cigarette variety under the Health and Safety Code Chapter 796 and this subchapter using a cigarette testing method and performance standard other than th…

(a) Submission of Form and Payment of Fees. Before a cigarette variety may be sold or offered for sale in this state, the manufacturer of the cigarette variety must: (1) complete and submit to the SFMO: (A) the Certification by Manufacturer for Fire Standard Compliant Cigarette (…

If a certified cigarette variety is changed with respect to any one or more of the items listed in the Health and Safety Code § 796.005(b)(1) - (8) , it is considered a different cigarette variety and must be certified as a new variety in conformance with § 34.1207 of this subcha…

(a) For each cigarette variety offered for sale, the manufacturer shall document and maintain for a period of not less than three years after the cigarette variety was offered for sale the following information: (1) a copy of the submitted Certification by Manufacturer for Fire S…

If the licensee requests a hearing, the state fire marshal will refer the matter to the Texas Department of Insurance, Enforcement Section. The state fire marshal may assert other matters and claims against the licensee at the hearing and seek any disciplinary action available un…

If a licensee fails to pay the administrative penalty, the state fire marshal may refer the alleged violation to the Texas Department of Insurance, Enforcement Section as described in § 34.1301 (d) of this title (relating to Imposition of Penalty) and seek additional sanctions. N…

A licensee may dispute the imposition of the penalty or the amount of the penalty imposed in the manner prescribed by Insurance Code Chapter 84, Subchapter C. Notes 28 Tex. Admin. Code § 34.1308 The provisions of this §34.1308 adopted to be effective April 24, 2013, 38 TexReg 250…

The sections of this subchapter shall be known as and may be cited as the rules for the safe storage, handling, and use of flammable liquids at retail service stations. Notes 28 Tex. Admin. Code § 34.2 The provisions of this §34.2 adopted to be effective September 19, 1990, 15 Te…

This subchapter applies to an advisory organization or other filer that determines a fire rating for a community, fire district, or other jurisdiction based on a fire suppression and mitigation grading schedule. Notes 28 Tex. Admin. Code § 34.201 Adopted by Texas Register, Volume…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Advisory organization--An advisory organization licensed under Insurance Code Chapter 1805. (2) Fire rating--A rating, or evaluation of fi…

These sections of this subchapter shall be known and may be cited as the extinguisher rules and shall be administered by and through the state fire marshal. Notes 28 Tex. Admin. Code § 34.502 The provisions of this §34.502 adopted to be effective December 5, 1984, 9 TexReg 6006; …

This subchapter shall apply to all firms and persons engaged in the business of leasing, renting, selling, installing, and servicing of portable fire extinguishers and the planning, certifying, installing, or servicing of fixed fire extinguisher systems and not to the general pub…

The exceptions of Insurance Code § 6001.156 are applicable to the sections of this subchapter. Notes 28 Tex. Admin. Code § 34.504 The provisions of this §34.504 adopted to be effective December 5, 1984, 9 TexReg 6006; amended to be effective April 14, 1989, 14 TexReg 1632; transf…

Notice by the state fire marshal and required by any provisions of the statutes or of this subchapter 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. …

(a) After an installation has been completed, an installation label must be affixed to the control head or panel of the fixed fire extinguisher system. The signature of the licensee on the label certifies that the system has been installed according to law. Labels must be five in…

(a) After any service, the licensee must complete a service tag in detail, indicating all work that done, and then attach the tag to the portable or fixed system in such a position as to permit convenient inspection and not hamper its actuation or operation. The signature of the …

(a) If impairments exist that make a portable extinguisher or fixed system unsafe or inoperable, the owner or the owner's representative must be notified in writing of all impairments. The registered firm must notify the owner or the owner's representative immediately and must al…

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 this subchapter which can be given effect without the invalid provisions o…

(a) The Commissioner adopts by reference those sections of the following copyrighted minimum standards, recommendations, and appendices concerning fire alarm, fire detection, or supervisory services or systems, except to the extent they are at variance with sections of this subch…

The commissioner approves an organization as an approved testing laboratory which lists equipment and appurtenances for use in compliance with standards adopted in § 34.607 of this title (relating to Adopted Standards) if the organization meets the requirements of an approved tes…

The commissioner approves the following testing organizations as a testing standards organization for testing license applicants: (1) National Institute for Certification in Engineering Technologies (NICET); and (2) Electronic Security Association (ESA). Notes 28 Tex. Admin. Code…

(a) Business location. A specific business location must be maintained by each registered firm. The location must be indicated on the certificate. The business location must be a physical address, not a mailing address or P.O. Box. (b) Designated Employee. Each registered firm mu…

(a) Types of licenses and approvals. The following licenses and approvals are issued by the State Fire Marshal's Office according to Insurance Code Chapter 6002 and this subchapter. As required by Insurance Code Chapter 6002, an individual or entity must be licensed or approved t…

The alteration of certificates, licenses, or approvals renders them invalid and is the basis for administrative action pursuant to the Insurance Code § 6002.302 . Notes 28 Tex. Admin. Code § 34.612 The provisions of this §34.612 adopted to be effective April 14, 1989, 14 TexReg 1…

This subchapter shall apply to all firms and persons engaged in the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems, and not to the general public. Notes 28 Tex. Admin. Code § 34.703 The provisions of this §34.703 adopted to …

The exceptions of Insurance Code § 6003.002 are applicable to the sections of this subchapter. Notes 28 Tex. Admin. Code § 34.704 The provisions of this §34.704 adopted to be effective May 10, 1984, 9 TexReg 2380; amended to be effective April 14, 1989, 14 TexReg 1644; transferre…

Notice by the state fire marshal as required by any provision of statute or of this subchapter may be given by personal service or mail, postage prepaid, addressed to the person to be notified at his last known address of residence or business as it appears on the records in the …

The Commissioner adopts by reference in their entirety the following copyrighted standards and recommended practices published by and available from the National Fire Protection Association Inc. (NFPA) on the NFPA website at www.nfpa.org . (1) NFPA 13-2019, Standard for the Insta…

Alteration of certificates or licenses renders them invalid and is the basis for administrative action pursuant to Insurance Code § 6003.251 . Notes 28 Tex. Admin. Code § 34.712 The provisions of this §34.712 adopted to be effective May 10, 1984, 9 TexReg 2380; amended to be effe…

(a) Each applicant for a license must take and pass with at least a 70 percent grade, a test covering this subchapter and Insurance Code Chapter 6003 and if applicable, a technical qualifying test as specified in § 34.713 (b) of this title (relating to Applications). The content,…

(a) A set of as-built plans and hydraulic calculations, showing details of system piping, calculations, and alarm configurations, must be provided to the building owner or his representative when installation is complete. The firm must also maintain a set of as-built plans for th…

(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 …