Texas Administrative Code

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) 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, including,…

(a) Following receipt of a contractor's notice of claim, the executive director of the department or other representative designated in the contract shall review the contractor's claim(s) and the department's counterclaim(s), if any, and initiate negotiations with the contractor …

The parties shall negotiate in accordance with the timetable set forth in § 51.208 of this title (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 31 Tex. Admin. C…

(a) Upon the filing of a claim or counterclaim, parties may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including, without limitation: (1) accounting …

(a) the department in asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return receipt requested or…

(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…

(a) The CRAC is created to advise the chairman and the commission on issues that cross fishery and geographic boundaries on the coast of Texas. (b) The CRAC shall consist of members in the public who have an interest in coastal resources issues. (c) The CRAC shall comply with the…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Closely related nonprofit partner (CRNP)--A nonprofit partner that exists primarily for the purpose of a specific department propert…

(a) NPs must comply with the general best practices prescribed in this subsection. (1) NPs shall not hold or obligate department funds. (2) NPs shall comply with all applicable rules, regulations, and laws, including all applicable laws regarding discrimination based on race, col…

(a) Definitions. The following words and terms, when used in this rule, shall have the following meanings unless the context clearly indicates otherwise. (1) Appeal: A written appeal of the Determination of the Chief Officer. (2) Appealing Party: A party who files an Appeal to th…

(a) The department will collect only that customer information and personal customer information required to carry out department functions. (b) The department will use customer information and personal customer information only as required to carry out department functions. Note…

(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…

It is the policy of the department to use and release personal customer information only in accordance with the provisions of Parks and Wildlife Code, § 11.030 and any other applicable provision of law. Notes 31 Tex. Admin. Code § 51.303 The provisions of this §51.303 adopted to …

(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Purchasing and Contracting Director . Such protests must be in writing and received in the director's …

The Executive Director is authorized to invest the Lifetime License Endowment Fund in accordance with the investment policy approved by the commission. Notes 31 Tex. Admin. Code § 51.400 The provisions of this §51.400 adopted to be effective July 19, 2004, 29 TexReg 6964

(a) Gifts of money or property $500 or more may be accepted by the executive director or his or her designee contingent upon approval by the Chair or Vice Chair of the commission or a commissioner authorized to approve such gifts pursuant to the commission's budget policy. The de…

(a) The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by Parks and Wildlife Code, Chapter 11, Subchapter J-1. (1) Department--T…

(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) TRS vehicles are assets of the Teacher Retirement System of Texas (TRS) pension fund and, except as provided in subsection (b) of this section, are assigned to the TRS motor pool, available for checkout and use in accordance with the provisions of the TRS vehicle policy adopt…

(a) Except as provided in § 25.28 of this title (relating to Payroll Report Dates), on written request by an employer, the Teacher Retirement System of Texas (TRS) may grant a one-time waiver for three months, of the deadline imposed by § 825.408(a) , Government Code, to remit al…

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) 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…

(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) 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) 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) 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…

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 …

Parties to a contract dispute under Government Code, Chapter 2260 may agree, either contractually or when a dispute arises, to use assisted negotiation (alternative dispute resolution) processes in addition to negotiation and mediation to resolve their dispute. Notes 31 Tex. Admi…

Parties to a contract dispute under these rules may agree, either contractually or when a dispute arises to use an Alternative Dispute Resolution process in addition to negotiation and mediation to resolve their disputes. Notes 31 Tex. Admin. Code § 51.225 The provisions of this …

(a) An administratively complete petition shall be referred to the appropriate agency personnel for review and recommended action. (b) Within 15 days of receiving a petition, agency personnel shall make a recommendation to the executive director to either deny the petition or ini…

(a) Department funds shall not be used to advertise a product and/or service of the OCP, except as follows: (1) to provide information about the relationship with the OCP and encourage public participation in OCP-sponsored activities or events in support of the department's missi…

When an award is made for payment of compensation in periodic installments, the carrier will notify the board of payment of the award by filing Form A-1 (report of initial payment of compensation), or A-4 (report of resumption of compensation), whichever is appropriate. An A-2 (r…

Any payment by an insurance carrier of an award of the board to a claimant represented by counsel shall be made payable jointly to the claimant and to his attorney (1970). Notes 28 Tex. Admin. Code § 51.10 The provisions of this §51.10 adopted to be effective September 18, 1981, …

Notes 7 Tex. Admin. Code § 52.1 Adopted by Texas Register, Volume 47, Number 27, July 8, 2022, TexReg 3967, eff. 7/14/2022; Repealed by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3643, eff. 7/16/2023

Notes 7 Tex. Admin. Code § 52.2 Adopted by Texas Register, Volume 47, Number 27, July 8, 2022, TexReg 3967, eff. 7/14/2022; Repealed by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3643, eff. 7/16/2023

Notes 7 Tex. Admin. Code § 52.3 Adopted by Texas Register, Volume 47, Number 27, July 8, 2022, TexReg 3968, eff. 7/14/2022; Repealed by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3643, eff. 7/16/2023

Notes 7 Tex. Admin. Code § 52.4 Adopted by Texas Register, Volume 47, Number 27, July 8, 2022, TexReg 3967, eff. 7/14/2022; Repealed by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3643, eff. 7/16/2023

Notes 7 Tex. Admin. Code § 52.5 Adopted by Texas Register, Volume 47, Number 27, July 8, 2022, TexReg 3967, eff. 7/14/2022; Repealed by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3643, eff. 7/16/2023

Notes 7 Tex. Admin. Code § 52.6 Adopted by Texas Register, Volume 47, Number 27, July 8, 2022, TexReg 3967, eff. 7/14/2022; Repealed by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3643, eff. 7/16/2023

If a contractor uses a subcontractor to provide a service to an individual, the contractor must: (1) have a written agreement with the subcontractor that requires the subcontractor and any of its subcontractors to comply with applicable provisions of the contract, this subchapter…

(a) Except as provided in subsections (c) and (d), a contractor must retain a record in the form in which it was created as follows: (1) a record developed and maintained in accordance with § 49.305 of this subchapter (relating to Records) until the latest of the following: (A) s…