Texas Administrative Code

(a) Commission consideration of the following items is not itself a contested case subject to the Texas Administrative Procedure Act (APA): (1) public comment; (2) executive director's response to comment; (3) request for reconsideration; or (4) request for contested case hearing…

This subchapter applies to applications filed with the commission except applications filed under Texas Water Code (TWC), Chapter 26 or 27, Texas Health and Safety Code, Chapter 361 or 382, or TWC, §11.036 or §11.041. Any permit application that is declared administratively compl…

(a) The following may request a contested case hearing under this section: (1) the commission; (2) the executive director; (3) the applicant; and (4) affected persons, when authorized by law. (b) A request for a contested case hearing by an affected person must be in writing and …

(a) The requirements in this section and § 55.255 of this title (relating to Commission Action on Hearing Request) apply only to hearing requests that are filed within the time period specified in § 55.251(d) of this title (relating to Requests for Contested Case Hearing, Public …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Inland waters--all public waters of this state on the landward side of the coastal waters boundary as defined in § 65.3(15) of this tit…

(a) This subchapter applies to a party boat that operates on inland waters of this state. (b) The annual water safety inspection required by § 55.405(a) of this title (relating to Employer/Owner Responsibilities) is not required for a vessel that:(1) is carrying passengers for hi…

(a) A person may not operate a party boat unless the person: (1) has in the person's immediate possession a party boat operator's license issued by the department; (2) is learning to operate the party boat for the purpose of acquiring a party boat operator's license and: (A) is a…

(a) The owner of a party boat may not operate or allow the operation of a boat as a party boat unless it has passed an annual water safety inspection conducted or authorized by the department within the previous 12 months. (b) The owner of a party boat must maintain at least a mi…

A violation of any provision of this subchapter is punishable as prescribed by Parks and Wildlife Code, § 31.127. Notes 31 Tex. Admin. Code § 55.406 The provisions of this §55.406 adopted to be effective January 1, 2008, 32 TexReg 10011

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) A claimant who suffers financial hardship because of loss of wages due to an uncontested injury may request of the carrier an advance payment of compensation ("advance") to be credited against future compensation benefits. (b) A request for an advance shall be: (1) prepared o…

A compromise settlement agreement must be signed by the claimant personally, unless sufficient good cause is found by the board to excuse strict compliance to this section. Only in extraordinary circumstances will the board approve a compromise settlement agreement in which the a…

(a) A compromise settlement agreement must contain the following information: (1) that the agreement is executed on a form approved by the division; (2) that the agreement is accompanied by physician's signed report of the findings of a recent examination of the employee; (3) tha…

Compromise settlement agreements between insurance carriers and persons claiming benefits under the Texas Workers' Compensation Law are not final until approval by the board (1953). Notes 28 Tex. Admin. Code § 55.10 The provisions of this §55.10 adopted to be effective November 2…

(a) The director shall develop procedures for the acceptance, conversion, and deposit of all donations offered by individuals, clubs, or other organizations. (b) Conversion of donations of real or personal property into United States currency shall be accomplished by the director…

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Chairman--Chairman of the Operation Game Thief Committee. (2) Committee--The Operation Game Thief Committee. (3) Coordinator--The staff…

The operator of a vessel involved in a collision, accident, or other casualty that results in death or injury to a person or damage to property in excess of $2,000 shall report to the department on or before the expiration of 30 days after the incident a full description of the c…

All applications shall be accompanied by the fees specified in Chapter 53 of this title (relating to Finance). For all courses other than online courses, payments shall be in the form of a check, money order, or warrant made payable to the department. For courses provided by an o…

(a) Marine safety enforcement officers shall report all investigations as required by Parks and Wildlife Code, § 31.132 , by completing and submitting to the department a Water Safety Incident Report(s). (b) The department may summarily suspend the certification of a marine safet…

(a) The marine safety enforcement officer course shall consist of the following instruction topics: (1) provisions of the Texas Water Safety Act, Parks and Wildlife Code, Chapter 31; (2) navigation rules; (3) United States Coast Guard rules applicable to state waters; (4) boater …

(a) Inspection. An authorized department employee may inspect at any time and without a warrant a permit or any records required by this subchapter. (b) Seizure. (1) The department may arrange for the seizure and removal of a snake covered by this subchapter from a person who pos…

(a) The holder of a commercial controlled exotic snake permit shall maintain a current and legible daily record of all activities involving the acceptance, possession, or transfer of controlled exotic snakes by the permittee, including the name and address of any person: (1) to w…

(a) A commercial controlled exotic snake permit is required for each permanent place of business where controlled exotic snakes are sold or held in commercial possession. (b) An employee of a commercial controlled exotic snake permit holder may buy and sell controlled exotic snak…

(a) A person may obtain a permit under this subchapter by paying the fee specified in Chapter 53, Subchapter A of this title (relating to Fees). (b) A permit issued under this subchapter is valid from September 1 of one year until August 31 of the following year. (c) A person who…

(a) If a person is convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the Department may destroy, or keep, or place on loan for use in an educational display, a carcass, hide, or part of or product made from a dangerous wild animal. (b) If no person is…

(a) A game warden, or other authorized Department employee, or a licensed veterinarian acting under the direction of a game warden, may euthanize a dangerous wild animal to eliminate its suffering due to illness or injury, or if the Department is unable to locate a suitable place…

(a) This subchapter sets forth the regulations concerning the disposition of dangerous wild animals, and carcasses, hides, and parts of or products made from a dangerous wild animal seized by a peace officer pursuant to the provisions of Parks and Wildlife Code, Chapter 62, Subch…

(a) Hearing tests for use in compensation ratings shall be derived from the pure-tone audiogram calculated to ANSI-S3.6-1969 standards. Examination should be performed by a medical specialist who does hearing evaluations or by an audiologist having the certificate of clinical com…

The board considers "loss of an eye" when loss of vision reached 90%. Permanent partial loss of vision in an eye will be calculated on the actual loss of vision as a result of an injury, and not on loss of vision after restoration of vision by proper fitting glasses. The followin…

The penalties for violation of this subchapter are prescribed by the Texas Parks and Wildlife Code, § 31.127 . Notes 31 Tex. Admin. Code § 55.305 The provisions of this §55.305 adopted to be effective March 9, 1990, 15 TexReg 1069.

(a) The U.S. Aids to Navigation System contained in 33 Code of Federal Regulations, Part 62 is hereby adopted for all public waters in this state. (b) This federal regulation describes the meanings associated with various markers. (c) This federal regulation is published in the C…

The following rules shall govern the speed limits of moving vessels on all public waters of this state. (1) Governing boards may establish regulated areas under procedures and rules set out in Parks and Wildlife Code, § 31.092 , when these rules are determined to be necessary for…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Department--Texas Parks and Wildlife Department. (2) Governing board--The governing board of an incorporated city or town, a commission…

These sections apply to all public waters in the State of Texas. Notes 31 Tex. Admin. Code § 55.301 The provisions of this §55.301 adopted to be effective March 9, 1990, 15 TexReg 1069.

(a) Rewards granted to eligible applicants that remain unclaimed for a period of two years from the date granted and approved by the committee shall be terminated and the money returned to the fund. (b) A request from an eligible applicant for a reward that has been terminated ma…

(a) The amount of reward granted to eligible applicants may not exceed $1,000 and shall be determined on an individual basis by the coordinator, with the approval of the director of law enforcement, according to a multiple-factor formula approved by the Committee. (b) In the even…

(a) No person other than a person furnishing information to the department that leads to the arrest and conviction of a person for committing a violation of a statute listed in Parks and Wildlife Code, § 12.203 , or a regulation adopted under any of those statutes may be eligible…

No lump sum payment of fatal benefits may be made without prior board approval. No lump sum payment of fatal benefits may be made to beneficiaries, unless there exists a bona fide dispute as to the liability of the insurance carrier, and no lump sum payment of benefits for injuri…

Where the amount of compensation due is covered by Texas Civil Statutes, Article 8306, §12, the board may consider percentage of medical impairment as only one element in arriving at percentage of legal disability as distinguished from medical disability (1973). Notes 28 Tex. Adm…

Settlement agreements entered into by claimants who are represented by an attorney must be signed by the attorney. The attorney's name and address shall be on the face of the agreement (1953) (Rev.1973). Notes 28 Tex. Admin. Code § 55.40 The provisions of this §55.40 adopted to b…

Where an insurance company agrees to pay accrued medical and hospital expenses in a compromise settlement agreement, any exceptions or special stipulations agreed upon by the parties must be clearly stated on the face of the compromise settlement or an attached affidavit (1970). …

(a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Floating Cabin Buyback Program. (b) Permit Buyback Bid Application Period (1) The department may open one or more permit buyback bid offer application periods per…

(a) Purpose and Applicability. This section establishes the procedures by which an individual may seek a preliminary review of his or her eligibility to be licensed by SML with respect to his or her criminal history prior to formally applying with SML for licensure, as authorized…

For purposes of this chapter, and in SML's administration and enforcement of Finance Code Chapters 157 (other than Subchapter C) and 180, the following definitions apply, unless the context clearly indicates otherwise: (1) "Application," as used in Finance Code § 157.002(6) and §…

(a) Fraudulent, Misleading, or Deceptive Practices. The following conduct by an originator constitutes fraudulent and dishonest dealings for purposes of Finance Code § 157.024(a)(3) , deceptive practices for purposes of Finance Code § 180.153(2) , a scheme to defraud a person for…

(a) Slaughter plants that slaughter sows and boars shall: (1) maintain records of sows and boars to allow tracing to their herd of origin, including, but not limited to, swine identification, packer's lot number, seller's name and address, and number of swine for at least two yea…