Texas Administrative Code

A release site that was not in compliance with the applicable testing requirements of this division in effect between August 15, 2016 and the effective date of this section shall be: (1) required to comply with the applicable provisions of this division regarding CWD testing with…

(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…

(a) A person commits an offense if that person: (1) traps game birds or game animals at any location other than the trap site(s) specified on the permit; (2) releases game birds or game animals at any location other than the release site(s) specified on the permit or delivers dee…

A person who violates a provision of this subchapter, a condition of any permit issued pursuant to this subchapter, or any provision of Parks and Wildlife Code, Chapter 43, Subchapter E, commits an offense and is subject to the penalties prescribed by Parks and Wildlife Code, § 1…

(a) The department may issue a Deer Management Permit to a person who has met the requirements of § 65.132 of this title (relating to Permit Application). (b) A person who possesses a valid Deer Management Permit may trap and detain wild deer according to the provisions of this s…

(a) Applicants for a DMP shall complete and submit an application on a form supplied by the department. Applications for a DMP shall be accompanied by a deer management plan containing the information stipulated by the application form and the nonrefundable fee as specified in Ch…

A threatened species is any species that the department has determined is likely to become endangered in the future. The following species are hereby designated as threatened species: Attached Graphic Notes 31 Tex. Admin. Code § 65.175 The provisions of this §65.175 adopted to be…

A species that is indigenous to the state of Texas and listed by the federal government as endangered automatically receives state protection as an endangered species under Parks and Wildlife Code, Chapter 68, and the presence or absence of that species in this section does not a…

Penalties for violations of this subchapter involving: (1) the species listed in § 65.175 of this title (relating to Threatened Species) are prescribed by Parks and Wildlife Code, Chapter 67; and (2) species listed in § 65.176 of this title (relating to Endangered Species) are pr…

(a) For the purposes of this section: (1) 'actual possession of a dog' means the physical control of a dog; (2) 'constructive possession of a dog' means having the power and intention to have and control a dog but without direct control of the dog, the actual presence of physical…

(a) Hunting is allowed on wildlife management areas and public hunting lands only as provided in this subchapter. (b) The following recreational uses may be allowed on a wildlife management area if authorized by the executive director: (1) camping; (2) equestrian activities, incl…

The penalties for violation of this subchapter are prescribed by Parks and Wildlife Code, § 81.007 . With respect to violations in designated state parks, the penalties are prescribed by Parks and Wildlife Code, § 62.069 . Notes 31 Tex. Admin. Code § 65.208 The provisions of this…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Appropriate recipient--A person or public or private organization that utilizes the donated wildlife for the public good and not for…

(a) Activities authorized under a depredation permit shall be conducted only by persons named on the permit. (b) A depredation permit authorizes the killing of protected wildlife identified on the permit at any time during the period of validity of the permit, irrespective of ope…

(a) An applicant for a depredation permit shall complete and submit to the department an application on a form supplied by the department, accompanied by the fee stipulated in § 65.231 of this title (relating to Fees). The applicant shall furnish the information required by Parks…

(a) No person may import into this state or possess a migratory game bird taken outside this state, unless the person possessing the bird produces upon demand by a game warden a valid driver's license or personal identification certificate, and one of the following documents: (1)…

Before an employee of the system may be reimbursed under Tex. Gov't Code § 656.047(b) the executive director must authorize the tuition reimbursement payment based on compliance with the requirements of §656.047(b) and applicable laws governing the trusts administered by the syst…

All the administrative and decisional powers granted by the statutes that govern ERS are vested in the executive director, subject to policies and rules formulated by the board. Notes 34 Tex. Admin. Code § 65.1 The provisions of this §65.1 adopted to be effective September 21, 19…

(a) Except as provided in § 65.253 (c) of this title (relating to General Provisions), no person may buy, sell, or trade the pelt of a bobcat taken in this state unless the pelt has been permanently tagged in accordance with this subchapter. (b) Any person possessing a bobcat pel…

The penalties for violations of this subchapter shall be as prescribed in Parks and Wildlife Code, Chapter 67. Notes 31 Tex. Admin. Code § 65.256 The provisions of this §65.256 adopted to be effective September 16, 1996, 21 TexReg 8517; amended to be effective August 10, 2009, 34…

(a) Permit Required. Any person may obtain a bobcat dealer permit. A person who buys or trades for untagged bobcat pelts must hold a dealer permit (PWD 410). A dealer permit may be obtained by completing and signing a Bobcat Pelt Dealer Permit and Tag Voucher (PWD 410). Upon any …

(a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed. (b) A person may give, leave, receive, or possess any species of legally taken…

(a) No person shall hunt migratory game birds except during the open season as provided herein, or at any time except during the hours as provided herein. All dates are inclusive. (b) If no open season is provided under this subchapter for a species of migratory bird, there is no…

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 the Statewide Hunting and Fishin…

(a) A general or master falconer acting as a sponsor for an apprentice falconer shall notify the department in writing within ten days of terminating a sponsor-apprentice relationship. (b) A permittee shall maintain a copy of all notifications required under this section for a pe…

(a) Sale by control hunter. (1) A control hunter may possess a dead alligator indefinitely, but may sell the alligator only to a farmer or wholesale dealer. While in possession of a dead alligator taken under a control contract, a control hunter shall maintain possession of the c…

(a) Deer obtained from the wild under the authority of a permit or letter of authority issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, or R shall not be commingled with deer held in a permitted deer breeding facility. (b) A person commits an offense if th…

The following words and terms, when used in this chapter, shall have the following meanings: (1) "Agricultural land" means any land the use of which qualifies the land for appraisal based on agricultural use as defined under Subchapter D, Chapter 23, Texas Tax Code. (2) "Agricult…

(a) To extend the interval between internal inspections as provided for in Texas Health and Safety Code, § 755.026 , the following procedure must be followed: (1) No less than three business days before the expiration date of the current certificate of operation, the owner or ope…

(a) In-service Commission. To be eligible for in-service commission, an applicant must: (1) submit a completed application on a department-approved form demonstrating eligibility; (2) successfully pass a criminal background check; (3) pass a written examination approved by the de…

(a) Except as specifically authorized by the department in the provisions of a permit, no person shall trap, transport, or release a game animal or game bird under a permit authorized by this subchapter unless that person has notified the department not less than 12 hours nor mor…

(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…

(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) 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…

When a pesticide or any other additive, other than plant nutrients, is incorporated in a commercial fertilizer, the fertilizer mixture must be registered and guaranteed with respect to the kind and percentage of each of these additives as well as to claimed plant nutrient element…

In addition to conforming to all other aspects of the rules, fertilizers claiming or implying suitability for use in an organic food or fiber production program shall: (1) bear a legend on the label not unduly conspicuous in relation to the display of the registrant or guarantor …

A warning or cautionary statement is required on any fertilizer product which: (1) contains 0.10% or more boron in water soluble form. The statement shall include: (A) the word "Warning" or "Caution" conspicuously displayed; (B) the crop(s) for which the fertilizer is recommended…

(a) The name and principal mailing address of the manufacturer or person responsible for distribution shall be required on the label of a commercial fertilizer. (b) The principal mailing address shall include the street address, city, state, and zip code; provided however, that t…

All plant nutrients and additives, not salvage nutrients or salvage additives which conform to other requirements of the rules or the Texas Fertilizer Control Act, shall be suitable for use for or in a commercial fertilizer. Notes 4 Tex. Admin. Code § 65.2 The provisions of this …

The owner or operator of a boiler or any person who installs or reinstalls a boiler in this state must file an installation report with the department by the completion of installation in accordance with §65.13. Notes 16 Tex. Admin. Code § 65.87 Adopted by Texas Register, Volume …

Whenever the board receives evidence that a person practicing before the board is guilty of unethical or fraudulent conduct, such person shall be cited by certified mail to appear before the board in person to show cause why he or she should not be barred from practicing before t…

Whenever an authorized representative of the board believes any party to a compensation claim has been or is in violation of either the Workers' Compensation Act, or any part thereof, or of these board rules, a written violation report shall be sent to the executive director with…

(a) The executive director may issue a commission and an identifying commission card to an Authorized Inspector provided the inspector has successfully passed the examination as set forth in §65.14. (b) A commission card or a digital or paper photograph or copy of the commission …

If a person violates any provision of Texas Health and Safety Code, Chapter 755, or a rule, or order of the executive director or commission relating to Texas Health and Safety Code, Chapter 755, will be subject to administrative penalties, administrative sanctions, or both under…

(a) If a boiler has not been properly prepared for an internal inspection or a liquid pressure test as required by the Act and this chapter, the inspector may decline to make the inspection or witness the test. (1) The certificate of operation will be withheld until the owner or …

(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…