Texas Administrative Code

(a) A contractor asserting a claim of breach of contract under 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 representative; (…

This chapter does not waive the department's sovereign immunity to suit or liability. Notes 31 Tex. Admin. Code § 51.203 The provisions of this §51.203 adopted to be effective January 30, 2001, 26 TexReg 979

The procedures contained in this chapter are exclusive and required prerequisites to suit under Civil Practice and Remedies Code, Chapter 107, and Government Code, Chapter 2260. Notes 31 Tex. Admin. Code § 51.202 The provisions of this §51.202 adopted to be effective January 30, …

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise: (1) Chief administrative officer--The executive director, or other executive officer responsible for the day to day operations of the dep…

(a) This subchapter does not apply to an action of the department for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute. (b) This subchapter does not apply to contracts: (1) between Texas Parks and Wildlife Department and the…

(a) Any person, referred to herein as 'petitioner,' by submitting an administratively complete petition as set forth in subsection (b) of this section, may request that the department adopt, amend, or repeal a rule. Petitions will be deemed submitted only when actually received i…

The Texas Parks and Wildlife Commission adopts by reference the provisions of 34 TAC Chapter 20, Subchapter B. Notes 31 Tex. Admin. Code § 51.171 The provisions of this §51.171 adopted to be effective April 30, 2001, 26 TexReg 3219; amended to be effective May 8, 2011, 36 TexReg …

(a) It is the intent of the department that the department's General Plan for Prescribed Burning on TPWD Lands comply with the requirements of the prescribed burn plan required by Parks and Wildlife Code, § 11.351 . (b) The department's General Plan for Prescribed Burning on TPWD…

(a) The department shall select one or more NP to promote hunting and fishing by residents of this state who are veterans of the United States Armed Forces. A prospective NP under this section must exist exclusively to serve veterans of the United States Armed Forces. The selecti…

(a) The department will maintain and periodically update a list of CRNPs. This list will be made available to the public. (b) The department will not obligate NP funds or property except by written agreement signed by the NP. (c) The ONP may reimburse department employees for leg…

(a) NPs may solicit and accept sponsorships for department programs, so long as the NP complies with the provisions of this subsection and other written guidance that may be provided by the department. (1) All sponsorships of department programs and the level of sponsorship recog…

(a) All NPs must comply with the requirements of this subsection regarding fundraising. (1) NPs may conduct fundraising to provide additional funds for department operations, to enhance department programs, to provide long-term endowments for department programs, to facilitate sp…

All NPs must meet the requirements and criteria of this section. (1) In order to be considered a NP of the department, the nonprofit organization must be designated by the commission voting in a public meeting. The commission will designate an ONP, as necessary. (2) The commissio…

(a) A person who retires under the Teacher Retirement System of Texas (TRS) on or after September 1, 2005, and who meets one or more of the following requirements on or before August 31, 2005, while a member of TRS is governed by provisions of state law relating to early retireme…

(a) A member with less than five years of service credit on August 31, 2014 and/or a person whose membership begins on or after September 1, 2014, must meet the requirements of § 824.202(a-2), Government Code, to be eligible for a standard service retirement annuity. (b) An eligi…

(a) The department may license the use of one or more department brands: (1) as a benefit to an OCP-D; or (2) as a means to generate revenue for the department. (b) The department will not license a use of department brands that conflicts with the department's mission and the goa…

(a) Each OCP shall enter an agreement with the department regarding the terms, conditions, restrictions, benefits, roles and responsibilities of the department and the OCP and the scope of the OCP designation. (b) Among the benefits that may be provided by the department to an OC…

(a) The following committees are created for a period which will expire at the end of the next sunset review for the Teacher Retirement System of Texas (TRS) which is September 1, 2019, unless continued by the outcome of the sunset process, to advise or otherwise serve the retire…

For the purpose of making purchases with funds appropriated to it, the Teacher Retirement System of Texas (TRS) adopts by reference the rules of the Comptroller of Public Accounts (comptroller's office) in 34 Texas Administrative Code Chapter 20, Subchapter D, Division 1 (relatin…

(a) Sponsor Recordkeeping (1) A sponsor must maintain the following records for each animal entered into a show, fair, or exhibition: (A) owner's name and contact information, including address; (B) county of origin; (C) a description of the animal including sex, age, and breed, …

(a) Animals under a Texas Animal Health Commission quarantine notice. A person shall not move an animal from a quarantined area unless the movement is authorized by a commission representative. (b) Animals entering Texas from quarantined herds, flocks, or areas. (1) An animal ori…

(a) An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to: (1) determine if the shipment is in compliance with the laws and rules administered by the commission affecting the shipment; (2) d…

(a) Scabies. (1) Livestock originating in scabies quarantined areas outside the State of Texas. Livestock originating in scabies quarantined areas outside the State of Texas must, in addition to other requirements, be accompanied by a certificate of veterinary inspection certifyi…

(a) Brucellosis requirements. All cattle must meet the requirements contained in § 35.4 of this title (relating to Entry, Movement, and Change of Ownership). Cattle which are parturient, postparturient or 18 months of age and over (as evidenced by the loss of the first pair of te…

(a) Entry permit requirements. (1) All animals entering Texas from any state, territory, or foreign country shall have an entry permit unless excepted by this chapter. (2) Entry permit requests shall be directed to the commission by either writing to Texas Animal Health Commissio…

(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) Swine imported into Texas for feeding, breeding, or exhibition purposes shall be accompanied by a certificate of veterinary inspection certifying that: (1) swine have not been fed garbage, either raw or cooked; (2) swine have not been exposed to pseudorabies; (3) swine have n…

(a) Equine infectious anemia (EIA) requirements. All horses, mules, asses, ponies, zebras and all other equidae shall have a certificate of veterinary inspection and proof of a negative EIA test within the previous 12 months prior to entering Texas, along with unique and permanen…

(a) Brucella ovis. All breeding rams six months of age and over must have had a negative ELISA test for Brucella ovis within 30 days prior to entry into Texas or be from a Brucella ovis free flock. Each ram shall be individually identified with an individual eartag or registratio…

(a) Tuberculosis. Originating from the restricted TB area in Michigan. Goats originating from the TB restricted zone(s) in Michigan shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regu…

(a) Chronic Wasting Disease (CWD). If the commission or the Texas Parks and Wildlife Department issues a quarantine or a prohibition on CWD susceptible species entering the state, that quarantine or prohibition supersedes these rules for the quarantined species. This includes whi…

(a) Each agency vehicle, with the exception of a vehicle assigned to a field employee, shall be assigned to the agency motor pool and be available for checkout. (b) The agency may assign a vehicle to an individual administrative or executive employee on a regular basis only if th…

(a) A mediation conducted under this section is confidential in accordance with Government Code, § 2009.054 . (b) The confidentiality of a final settlement agreement to which the department is a signatory that is reached as a result of the mediation is governed by Government Code…

(a) The mediator shall possess the qualifications required under Civil Practice and Remedies Code, § 154.052 , be subject to the standards and duties prescribed by Civil Practice and Remedies Code, § 154.051 and have the qualified immunity prescribed by Civil Practice and Remedie…

(a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both…

(a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the…

(a) The contractor and the department may agree to mediate the dispute at any time before the 270th day after the department receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing. (b) A contractor and the d…

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the department receives the notice of claim, or after the expiration of any …

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees. Notes 31 Tex. Admin. Code § 51.212 The provisions of …

(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' 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…

Unless the contractor and the department agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. T…

(a) The commission authorizes the executive director to assign any law enforcement or headquarters staff employee to operate departmental vehicles without inscriptions. (b) Uninscribed vehicles will be other than those operated for routine patrol duty or which are normally used t…

A leave pool is established to provide peace officers commissioned by the department with the opportunity to use annual leave or compensatory time donated to the pool for use as legislative leave on behalf of a law enforcement association. (1) The director of human resources is d…

A family leave pool is established to provide eligible employees more flexibility in bonding and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-relate…

A sick leave pool is established to provide for the alleviation of hardship caused to an employee and the employee's family if a catastrophic illness or injury forces the employee to exhaust all leave time earned by that employee and to lose compensation from the state. (1) The d…

(a) The Texas Parks and Wildlife Department (the Department) may provide training and education for its employees in accordance with Government Code, Chapter 656, Subchapter C. (b) The Department may spend public funds as appropriate to pay the costs associated with employee trai…