Texas Administrative Code

(a) The department may refuse to issue a depredation permit to any person who within five years of applying for a depredation permit has been finally convicted of: (1) a violation of Parks and Wildlife Code, Chapter 43, Subchapter H; (2) a violation of the conditions of a depreda…

The application fee for a depredation permit shall be $250. The fee prescribed by this section is nonrefundable. Notes 31 Tex. Admin. Code § 65.231 The provisions of this §65.231 adopted to be effective October 26, 2009, 34 TexReg 7332

It is an offense for any person: (1) not named on a depredation permit to kill protected wildlife under the depredation permit; (2) to whom a depredation permit is issued to allow any person not named on the depredation permit to engage in permitted activities; (3) to kill game a…

(a) In Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Donley, Floyd, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, …

(a) The department shall determine the number of pronghorn to be harvested from a given tract of land and shall issue permits to the landowner, who may distribute the permits to hunters. A permit issued under this subsection is valid only on the tract of land for which it was iss…

(a) No person shall at any time, by any means, or in any manner hunt, possess, transport, or transfer any migratory game bird except as provided in this subchapter. (b) No provision of this subchapter shall be construed to relieve a person from the restrictions, conditions, and r…

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 in Subchapter A of this chapter (relating to Statewide Hunting and Fishing Pr…

(a) No person may hunt desert bighorn sheep without first attending an orientation conducted by the department during the year for which the permit is issued. (b) Any person hunting desert bighorn sheep shall notify the department between 14 and 21 days prior to the date of the h…

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 the Parks and Wildlife Code or regulatory definitions adopted under the au…

Any device employed or emplaced to take or attempt to take nongame wildlife shall be marked with a gear tag. The gear tag must bear the name and address of the person using the device and the date the device was set out. The information on the gear tag must be legible. The gear t…

(a) An applicant for a dealer's nongame permit under this subchapter shall submit to the department a completed application on a form supplied by the department, accompanied by the nonrefundable fee specified in Chapter 53 of this title (relating to Finance). (b) Permits shall be…

(a) The department may establish check stations in any county of the state for the purpose of collecting biologic information on wildlife resources taken in that county. (b) Except as required under § 65.40 of this title (relating to Pronghorn: Open Seasons and Bag Limits) or Sub…

(a) A person possessing a nongame permit issued under this subchapter shall, during the period of validity of the permit: (1) continuously maintain and possess upon their person during any permitted activity a daily log indicating the date, location, and number of specimens of ea…

Except as provided in Subchapter K of this chapter (relating to Raptor Proclamation), it is unlawful to hunt a game bird at any time other than during the open seasons provided in this chapter, or to take more than the daily bag limits, or to have in possession a game bird taken …

(a) This subchapter applies to all of the wildlife resources of Texas, except as otherwise provided for in this chapter. (b) The provisions of this subchapter that specify seasons and bag limits for game animals and game birds do not apply to special drawn hunts conducted under t…

There is no open season for lesser prairie chicken. Notes 31 Tex. Admin. Code § 65.56 The provisions of this §65.56 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective July 14, 1997, 22 TexReg 6308; amended to be effective July 10, 2005, 30 TexReg 3…

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. (1) Aggregate acreage--Contiguous tracts of land,…

(a) The provisions of Subchapter B, Division 2, of this chapter apply to the movement of deer pursuant to a permit issued under this subchapter. (b) All deer released shall be tattooed in one ear with a department-assigned identification number. Notes 31 Tex. Admin. Code § 65.102…

(a) The department may establish trapping periods, based on biological criteria, when the trapping, transporting, and transplanting of game animals and game birds under this section by individuals will be permitted. (b) Game animals and game birds killed in the process of conduct…

(a) All deer trapped and transported pursuant to this section shall be delivered to a processing facility selected by the applicant and approved by the department. Acceptable processing facilities are: (1) Texas Department of Criminal Justice penal facilities located in Palestine…

(a) Urban white-tailed deer removal permits may only be issued when the applicant shows, to the department's satisfaction, that: (1) an overpopulation of deer exists at the trap site; (2) hunting is inadequate, because of human health and safety concerns, to reduce the overpopula…

(a) The department may place limitations on the hunting or taking of game animals or game birds at a release site that the department deems necessary to facilitate or enhance the establishment of a sustainable population. (b) A permittee may distribute the cost of permitted activ…

(a) The provisions of this subchapter apply to any species of wildlife listed in this state as threatened or endangered, living or dead, including parts. (b) Except as otherwise provided in this subchapter or Parks and Wildlife Code, Chapters 67 or 68, no person may: (1) take, po…

(a) This section applies to all public hunting lands unless an exception for a specific area and time period is designated by the executive director or by written permission of the department. (b) For the purposes of this section, gear, equipment, and floating conveyances are "un…

The following willful acts shall be deemed unethical or fraudulent conduct by the board. (1) Carrier representatives: (A) misrepresenting to claimants, employers, or health providers the provisions of the Workers' Compensation Law of Texas; (B) failing to submit to the board any …

(a) If the claimant is dissatisfied with the reconsideration decision, the claimant may file a signed, written request for hearing. (b) The OAG may not grant a request for a hearing if a request is not filed by the claimant within the 30-day time period, unless the claimant shows…

(a) The OAG may require a refund from a claimant if any compensation was awarded under the LCP based on fraud or mistake or based on new information that would disqualify a claimant from being eligible for compensation. (b) The OAG may require the claimant to refund any overpayme…

(a) The LCP is the payer of last resort, and the OAG will not award compensation to a claimant if the OAG determines the claimant is or was eligible for reimbursement from any available collateral source and failed to seek reimbursement from an available collateral source. (b) Th…

(a) All communications and applications for compensation shall be submitted to the LCP in a manner and form prescribed by the OAG. (b) An application for compensation is complete when the application: (1) is filled out in its entirety as prescribed by the OAG; (2) signed by the c…

(a) Real property repairs are limited to the following categories: (1) labor cost for repairs made; (2) cost for fence repair, including materials; (3) cost for structure repair, including materials; (4) disposal and removal of damaged property; or (5) any other costs the OAG det…

(a) The OAG may send a claimant any notices, forms, or other documentation and information by electronic means. (b) The OAG may require a claimant to submit notices, forms, or other documentation and information be electronic means, unless good cause is shown. (c) In accordance w…

(a) A claimant may request a reconsideration of all or any part of the OAG's decision to make or deny an award on an application or on the amount of an award. (b) Within 30 days from the date that the OAG's office provides the claimant with the award written decision notice, the …

At any time before a hearing is conducted, the hearing officer may request a prehearing conference, either in person or by telephone, with the claimant, or his or her legal representative in order to establish whether a hearing on an application for compensation is necessary. Not…

(a) The owner or operator must place a boiler and its related equipment in a safe condition for access and inspection. A boiler inspector is not required to perform an inspection if: (1) A boiler, its related equipment, or the facility is not in compliance with applicable minimum…

(a) Blowdown water from power boilers must pass through an approved blowdown separator or blowdown tank when entering a sanitary sewer. (b) The temperature of the blowdown water leaving the blowdown separator or blowdown tank must not exceed 140 degrees Fahrenheit. (c) The pressu…

(a) Each boiler room containing one or more boilers from which carbon monoxide can be produced must have an adequate and uninterrupted air supply to assure proper combustion and ventilation. (b) The combustion and ventilation air may be supplied by either an unobstructed opening …

Pressure relief valve, blowdown pipes, and other outlets must be discharged to a safe point. Notes 16 Tex. Admin. Code § 65.559 Adopted by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9520 , eff. 12/1/2024

National Fire Protection Association (NFPA) Code Book 85 must be followed for the following types of boilers. (1) Single burner boilers, multiple burner boilers, stokers and atmospheric fluidized bed boilers with a fuel input of 3.7 MW (12.5 million Btu/hr) or greater. (2) Pulver…

(a) A person with national board accreditation may not act as an Authorized Inspection Agency without first registering with the department under this chapter. (b) To act as an Authorized Inspection Agency under this section, a person must complete a department-approved registrat…

The internal and external inspection of portable boilers must occur as follows: (1) Boilers fabricated in accordance with the ASME Section I (i.e. "S" or any other Section I Designator) shall be inspected annually; (2) Boilers fabricated in accordance with the ASME Section IV, "H…

(a) All boilers, unless otherwise exempted, must be made available for inspection and prepared for initial inspection, regular inspections, or liquid pressure tests, whenever necessary, by the owner or operator when notified by the inspector. (b) The owner or operator shall prepa…

(a) When there is a question or doubt about the extent of a defect found in a boiler, the inspector may require a liquid pressure test. (b) In preparing a boiler for a liquid pressure test, the boiler shall be filled with water to the stop valve and all air vented off. If the boi…

The following Exhibits are integral components of the subchapter and incorporated for all purposes. (1) Exhibit 1--Hard Stamping. Attached Graphic (2) Exhibit 2--Unfired Steam Boiler Constructed to ASME Section VIII. Attached Graphic (3) Exhibit 3--Unfired Steam Boiler Constructe…

(a) All safety and pressure relief valves for ASME Code Sections I, IV, and VIII Division 1 boilers must be repaired, tested, set, and sealed by one of the organizations listed in this section, provided the scope of the issued certificate of authorization covers the work to be pe…

(a) Steam Heating Boilers. (1) Safety valves. (A) Each steam boiler must have one or more safety valves, that are identified with applicable designator with the ASME certification mark of the spring pop type, adjusted and sealed to discharge at a pressure not to exceed 15 psig (1…

(a) Repairs and alterations must conform to the current edition of the National Board Inspection Code (NBIC) and must be acceptable to the inspector, except that repairs and alterations may be performed by the following, provided the intended work is within the scope of the issue…

(a) In case of a serious accident, the owner, operator, or Authorized Inspector must immediately notify the chief inspector and Authorized Inspector, as applicable. (b) The owner or operator must ensure that neither the boiler nor any of the following is removed or disturbed, whe…