Texas Administrative Code

(a) Procedures for issuing hold orders and quarantines. (1) Any CWD-suspect herd shall be immediately reported to a commission representative. The herd shall be restricted by hold order until the commission's epidemiologic investigation and approved laboratory testing are complet…

(a) Definitions. In addition to the definitions in § 40.1 of this chapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings: (1) Animal--An animal in the Cervidae family. (2) Annual inspection window--The period…

(a) Definitions. In addition to the definitions in § 40.1 of this chapter (relating to Definitions), the following words and terms, when used in this section, shall have the following meanings:(1) Eligible Mortality--The death from any cause of an exotic CWD susceptible species t…

(a) Order Declaring a CWD High-Risk Area or County (Order). The Executive Director may issue an Order to declare a CWD high-risk area or county based on sound epidemiological principles for disease detection, control, and eradication. The epidemiological criteria used for designa…

(a) Definitions. In addition to the definitions in § 40.1 (relating to Definitions) of this chapter, the following words and terms, when used in this section, shall have the following meanings: (1) Check Station--TPWD-established mandatory check stations in any CZ or any portion …

(a) A youth facility (facility) shall stock at least one unassigned pediatric epinephrine auto-injector pack (two doses) and one adult epinephrine auto-injector pack (two doses). The number of additional pediatric and adult packs may be determined by a facility assessment led by …

(a) The commission encourages the resolution of disputes at any time, whether under this chapter or not. ADR procedures under this chapter may begin, at the discretion of the ADR director, anytime after the application has been deemed administratively complete and at least one le…

When ADR procedures do not result in the full settlement of a contested matter, the participants, in conjunction with the mediator, shall limit the contested issues through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the judge …

Agreements of the participants reached as a result of ADR must be in writing, and are enforceable in the same manner as any other written contract. Notes 30 Tex. Admin. Code § 40.8 The provisions of this §40.8 adopted to be effective June 6, 1996, 21 TexReg 4726.

(a) Except as provided in subsections (c) and (d) of this section, a communication relating to the subject matter made by a participant in an ADR procedure, whether before or after the institution of formal proceedings, is confidential, is not subject to disclosure, and may not b…

(a) The commission shall establish a pool of commission staff mediators to resolve contested matters through ADR procedures. (1) To the extent practicable, each mediator shall receive 40 hours of formal training in ADR procedures through programs approved by the ADR director. (2)…

The commission or the ADR director may seek to resolve a contested matter through any ADR procedure. Such procedures may include, but are not limited to, those applied to resolve matters pending in the state's district courts. Notes 30 Tex. Admin. Code § 40.3 The provisions of th…

It is the commission's policy to encourage the resolution and early settlement of all contested matters through voluntary settlement procedures. It is the affirmative responsibility of each commission employee to effectuate this policy. Notes 30 Tex. Admin. Code § 40.1 The provis…

(a) For each matter referred for ADR procedures, the ADR director shall assign a mediator, unless the participants agree upon the use of a private mediator. The ADR director may assign a substitute or additional mediator to a proceeding as the ADR director deems necessary. (b) A …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) ADR--Alternative dispute resolution. (2) Alternative dispute resolution procedure or ADR procedure--A nonjudicial and informally conduc…

(a) A school district, open-enrollment charter school, or private school may voluntarily adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned medication for respiratory distress at each campus. (1) If a written policy is adopt…

A person who in good faith takes, or fails to take, any action under this subchapter, or Texas Education Code Chapter 38, Subchapter E-1, is immune from civil or criminal liability or disciplinary action resulting from action or a failure to act in accordance with Texas Education…

The following terms and phrases, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1) All hours the campus is open--At a minimum, during regular on-campus school hours, and when school personnel are physically on site for …

The purpose of this subchapter is to establish minimum standards for administering, maintaining, and disposing of opioid antagonist medication in school districts, open-enrollment charter schools, and private schools adopting opioid antagonist medicine policies. These standards a…

A person who in good faith takes, or fails to take, any action under this subchapter or Texas Education Code, Chapter 51, Subchapter Y-1 or Texas Health and Safety Code, Chapter 773, Subchapter A, is immune from civil or criminal liability or disciplinary action resulting from th…

A person who in good faith takes, or fails to take, any action under this subchapter or Texas Education Code Chapter 38, Subchapter E is immune from civil or criminal liability or disciplinary action resulting from action or a failure to act in accordance with the Texas Education…

A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, federal funds, and local funds to implement the unassigned epinephrine auto-injector policy in accordance with Texas Education Code § 38.213 . Notes 25 Tex. Admin. Code § 40.…

This subchapter applies to any school district, open-enrollment charter school, or private school voluntarily choosing to adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors on each school campus. N…

The following terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) All hours the campus is open--At a minimum, during regular on-campus school hours, and when school personnel are physically on sit…

(a) A school district, open-enrollment charter school, or private school may adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors at each school campus. (b) If a written policy is adopted under this …

The purpose of this subchapter is to establish minimum standards for administering, maintaining, and disposing of epinephrine auto-injectors in school districts, open-enrollment charter schools, and private schools adopting unassigned epinephrine auto-injector policies. These sta…

(a) Records relating to implementing and administering the school district, open-enrollment charter school, or private school's unassigned medication for respiratory distress policy must be retained per the campus record retention schedule. (b) The report required under this subs…

(a) A school district, open-enrollment charter school, or private school that chooses to adopt a written unassigned medication for respiratory distress policy is responsible for training school personnel or school volunteers in the administration of unassigned medication for resp…

(a) Once a school district, open-enrollment charter school, or private school voluntarily adopts an unassigned medication for respiratory distress policy, any campus that implements an unassigned medication for respiratory distress policy must stock unassigned medication for resp…

The rules of this subchapter apply to any school district, open-enrollment charter school, or private school voluntarily choosing to adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned medication for respiratory distress at e…

The following terms and phrases, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Authorized healthcare provider--A physician, as defined in TEC § 38.201 , or a person delegated prescriptive authority by a physician un…

(a) Each youth facility (facility) that adopts an unassigned epinephrine auto-injector written policy under this subchapter is responsible for annually training personnel to recognize the signs and symptoms of anaphylaxis and to perform hands-on administration of an unassigned ep…

This subchapter applies to any youth facility that voluntarily chooses to adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors. Notes 25 Tex. Admin. Code § 40.24 Adopted by Texas Register, Volume 46,…

The following terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Anaphylaxis--As defined in Texas Human Resources Code, § 42.067 . (2) Authorized healthcare provider--A physician, or person who h…

A youth facility may voluntarily adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors at each youth facility. If a written policy is adopted under this subchapter, the policy must comply with Texas H…

The purpose of this subchapter is to establish minimum standards for administering, maintaining, and disposing of epinephrine auto-injectors for a youth facility that adopts unassigned epinephrine auto-injector policies. These standards are implemented under Texas Health and Safe…

An institution of higher education (institution) may adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors at each institution's campus. If a written policy is adopted under this subchapter, the polic…

(a) Entry requirements for live animals transported into this state are located in § 51.10 of this title (relating to Cervidae). (b) CWD Susceptible Species Carcass Movement Restrictions for Entering this State. No person may transport into this state or possess any part of a CWD…

(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 person who in good faith takes, or fails to take, any action under this subchapter or Texas Health and Safety Code, Chapter 773, Subchapter A, is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act in accordance with the T…

(a) A venue shall obtain a prescription and standing order from an authorized healthcare provider each year to stock, possess, and maintain at least one unassigned adult epinephrine auto-injector pack (two doses) on each venue's property, as described in Texas Health and Safety C…

This subchapter applies to any venue that voluntarily adopts and implements a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors at each venue. Notes 25 Tex. Admin. Code § 40.14 Adopted by Texas Register, Volume 46, Num…

The following terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Anaphylaxis--As defined in Texas Education Code § 51.881 . (2) Authorized healthcare provider--A physician or person who has been …

Specified entities may adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine auto-injectors at each venue's property. The adopted policy must comply with the standards outlined in Texas Health and Safety Code § 773.…

(a) Once a school district, open-enrollment charter school, or private school adopts an opioid antagonist medication policy, a campus implementing an opioid policy must stock opioid antagonist medication as defined by § 40.84 of this subchapter (relating to Required and Voluntary…

(a) Each school district must adopt and implement a policy regarding the maintenance, administration, and disposal of opioid antagonists at each campus in the district serving students in grades 6 through 12 and may voluntarily adopt and implement such a policy at each campus in …

(a) Each school district, open-enrollment charter school, and private school adopting a written unassigned opioid antagonist policy under Texas Education Code § 38.222 , is responsible for training school personnel and school volunteers in the administration of an opioid antagoni…