Texas Administrative Code

(a) Unfired steam boilers referred to in § 65.2 are shown in § 65.615, Exhibits 2 and 3. (b) Unfired steam boilers shall be constructed in accordance with ASME Code, Section I, or ASME Code, Section VIII, Division 1, 2 or 3. (1) Unfired steam boilers constructed to ASME Code, Sec…

(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 …

(a) Certificate of operation. The owner or operator must make payment for the following fees: (1) Initial certificate of operation--$70. (2) Subsequent certificate of operation--$70. Any amounts due or past due for any invoices associated with the boiler must also be paid. (3) Du…

An applicant for a Texas Commission who is licensed or commissioned in another state that has an examination substantially equivalent to that required by this chapter, as determined by the department, may obtain a commission without examination, if the person: (1) submits a compl…

External inspections must be performed as part of the application for an extension to the inspection interval of Health and Safety Code, § 755.026 . Otherwise, an external inspection must be conducted in conjunction with the annual internal inspection required in Health and Safet…

(a) A cable at least as large as one of the incoming power lines to the generator shall be provided for grounding the generator shell. This cable shall be permanently fastened on some part of the generator and shall be grounded in an approved manner. (b) A suitable screen or guar…

(a) The Service hereby adopts by reference the most recent edition of the Official Methods of Analysis of the AOAC International as delineating the sampling and analytical procedures to be applied in the administration of the Act and this title. (b) The Service may substitute alt…

(a) Registration for ammonium nitrate or ammonium nitrate material: In addition to a permit to manufacture or distribute fertilizer and a registration for commercial fertilizer, as required in The Agriculture Code, Chapter 63, §63.031, an additional registration must be obtained …

The service hereby adopts by reference the investigational allowances appearing in the latest official publication of the Association of American Plant Food Control Officials to be applied in the administration of the Act and this title. Information on location and cost of the of…

(a) The sales of commercial fertilizers designed for general purpose on-the-farm use shall be reported as follows. (1) If more than one registrant is involved in the distribution of a commercial fertilizer, the registrant who distributes the fertilizer to a non-registrant shall s…

(a) The Service requires that a party who appeals a final decision in a contested case pay all of the costs associated with preparation of the original or certified copy of the record of the agency's proceedings that is required to be sent to the reviewing court. (b) A charge imp…

These rules are promulgated under the authority of the Texas Occupations Code, Chapters 51 and 1152. Notes 16 Tex. Admin. Code § 66.1 The provisions of this §66.1 adopted to be effective January 10, 1992, 16 TexReg 7742; amended to be effective August 17, 1992, 17 TexReg 5448; am…

(a) To register or renew a registration, a person must file a completed application on a form provided by the department and pay the applicable fees. (b) An applicant for a senior property tax consultant registration must pass a department-approved examination for senior property…

(a) A private provider must be recognized by the department to offer educational programs or courses for pre-registration or upgrade credit. (b) To be recognized as a private provider, a person must: (1) file a completed application on a form provided by the department; (2) pay t…

(a) An attorney who is licensed to practice law in this state may take the senior property tax consultant examination, if the attorney: (1) files an application on a form provided by the department; and (2) pays the applicable examination fee. (b) An attorney who takes the examin…

(a) A registrant shall not participate, whether individually, or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act or commission rule. (b) A registrant shall not directly or indirectly or in any…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--Texas Occupations Code, Chapter 1152. (2) Private Provider--An educational institution that is established, conducted, and primari…

(a) The commissioner of education shall determine the amount of the instructional materials and technology allotment for a school district or an open-enrollment charter school based on Texas Student Data System Public Education Information Management System (TSDS PEIMS) student e…

(a) The State Board of Education (SBOE) shall either adopt or reject each submitted instructional material in accordance with the Texas Education Code (TEC), §31.024. (b) The SBOE shall adopt instructional materials in accordance with the TEC, § 31.023 . Instructional materials m…

(a) "Open education resource instructional material" means teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that allows for free use, reuse, modification, and sharing with others, including fu…

(a) A school district or an open-enrollment charter school may requisition and receive state-adopted instructional materials before instructional materials and technology allotment funds for those materials are available. (b) The total cost of delayed-payment-option materials req…

(a) An official complaint alleging a violation of the Texas Education Code (TEC), §31.151, or a rule implementing that section, for an instructional material adopted by the State Board of Education (SBOE) shall be filed with the commissioner of education. An official complaint sh…

(a) State review panel members shall participate in training that includes at least the following: (1) the responsibilities of a state review panel member; (2) statutes and rules pertaining to the state adoption process; (3) essential knowledge and skills specified for subjects a…

(a) If the OAG finds deficiencies in an application upon initial review, the OAG will send a deficiency report to the applicant. The applicant may file a response with a correction in the application. Deficiency reports are preliminary assessments only and do not represent a fina…

(a) Each regional education service center (ESC) executive director shall designate one person to supervise all access to samples of instructional materials. (b) On or before the date specified in the schedule of adoption procedures, each ESC representative shall notify the commi…

(a) A register shall be kept by the commissioner of education and appropriate staff of the Texas Education Agency (TEA) to record all personal contacts with publishers, their representatives, agents, authors, consultants, editors, depositories, or any other person who has receive…

(a) A publisher may add or edit content to instructional materials during the panel review only to allow the materials to: (1) meet the Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) coverage percentage the publisher had specified on the cor…

(a) The instructional materials public comment period begins when the electronic samples of materials under consideration for adoption are posted on the Texas Education Agency (TEA) website and ends 14 days prior to the meeting at which the State Board of Education (SBOE) will vo…

(a) Publishers that wish to add or modify content after submitting their electronic pre-adoption samples but prior to adoption must make the new content available to the public, meet all the same requirements with that new content that the original pre-adoption sample meets, and …

(a) State review panels appointed by the commissioner of education shall review all instructional materials submitted for consideration for adoption. The commissioner shall prepare a preliminary report on instructional materials under consideration for adoption that includes the …

(a) The state contract shall not be changed or modified without approval of the Texas Education Agency (TEA) legal counsel. (b) Contracts shall be sent to the publishers for signature. Signed contracts returned by the publishers shall be signed by the chair of the State Board of …

(a) Each publisher is required to have adopted instructional materials in stock and available for distribution to school districts throughout the entire adoption period. A back order is defined as adopted instructional material not in stock when ordered and not available for deli…

(a) A publisher may submit a request to the commissioner of education for approval to update content in state-adopted instructional materials. A publisher requesting approval of a content update shall provide a written request in a manner designated by the commissioner that inclu…

(a) A publisher may submit a request to the commissioner of education for approval to substitute a new edition of state-adopted instructional materials. A publisher requesting approval of a new edition shall provide a written request in a manner designated by the commissioner tha…

(a) Ancillary materials are defined as materials that a publisher plans to provide to school districts and open-enrollment charter schools free with their order of instructional materials from the list of adopted materials. Ancillaries are not evaluated in the review process and …

(a) The State Board of Education (SBOE) shall adopt a review and adoption cycle for instructional materials for prekindergarten and for elementary and secondary grade levels for each subject in the required curriculum. (b) In adopting the cycle, the SBOE: (1) is not required to r…

(a) This section applies only to a website that is a component used to address Texas essential knowledge and skills as part of a state-adopted product. (b) A publisher shall monitor, update, and maintain any in-house and third party electronic, web-based, or online products furni…

(a) The commissioner of education shall determine: (1) the number of review panels needed to review instructional materials under consideration for adoption; and (2) the number of persons to serve on each panel. (b) A person is not eligible to serve on an instructional materials …

(a) From the biennial instructional materials fund, the commissioner of education shall set aside an amount not to exceed $10 million for each year of the biennium to make high-enrollment-growth adjustments for school districts and open-enrollment charter schools that experience …

(a) Printed instructional materials are considered to be in acceptable condition if: (1) the cover, binding, pages, spine, and all integral components of the instructional materials are wholly intact and the instructional materials are fully usable by students; and (2) no compone…

(a) All laws and rules applying to instructional materials provided to students with no disabilities that are not in conflict with the Texas Education Code, § 31.028 , or this section shall apply to the distribution and control of special instructional materials. (b) Special inst…

For purposes of this subchapter, the following words and terms shall have the following meanings. (1) Classroom set--This term refers to the components of an instructional material, including, but not limited to, the Texas Essential Knowledge and Skills-bearing components suffici…

(a) Instructional materials may be included in the evaluation of quality (EoQ) process if: (1) a publisher or an open education resource (OER) licensor submits instructional materials through the EoQ submission process; (2) the State Board of Education nominates an instructional …

(a) A publisher or an open education resource (OER) licensor that submits instructional materials for an evaluation of quality (EoQ) shall: (1) submit a completed Texas Education Agency (TEA)-generated EoQ submission form by the deadline stated in the submission form. TEA may ada…

An open education resource (OER) licensor that submits OERs for inclusion in the OER repository shall: (1) submit a completed Texas Education Agency (TEA)-generated OER submission form, which TEA may adapt, as it deems necessary, to develop and maintain the OER repository; and (2…

(a) Under the Texas Education Code (TEC), §31.151(b), the State Board of Education (SBOE) may assess a reasonable administrative penalty against a publisher or manufacturer found in violation of a provision of the TEC, § 31.151(a) . The SBOE shall assess an administrative penalty…

(a) A publisher that intends to offer instructional materials for review shall comply with product standards and specifications. (1) Hard copy instructional materials adopted by the commissioner of education shall comply with the standards in the latest edition of Manufacturing S…