Texas Administrative Code

(a) The list of approved instructional materials shall be maintained by the State Board of Education (SBOE). (b) The SBOE may remove instructional materials from the list of approved instructional materials if: (1) the Texas Essential Knowledge and Skills (TEKS), Texas Prekinderg…

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

(a) A publisher may submit a request to the commissioner of education for approval to update content in State Board of Education (SBOE)-approved instructional materials. A publisher requesting approval of a content update shall provide a written request in a manner designated by …

Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with a mediation, including without limitation, costs of document reproduction, attorney's fees, consultant fees and expert fees, and the cost of the mediator s…

(a) A mediation conducted under this subchapter is confidential in accordance with the Government Code, § 2009.054 . (b) The confidentiality of a final settlement agreement to which a unit of state government is a signatory that is reached as a result of the mediation is governed…

The mediator shall possess the qualifications required under the Civil Practice and Remedies Code, § 154.052 , be subject to the standards and duties prescribed by the Civil Practice and Remedies Code, § 154.053 and have the qualified immunity prescribed by the Civil Practice and…

The parties may agree to mediate a claim through an impartial third party. For purposes of this subchapter, "mediation" is assigned the meaning set forth in the Civil Practice and Remedies Code, § 154.023 . The mediation is subject to the provisions of the Governmental Dispute Re…

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise: (1) Chief administrative officer - The commissioner, executive director, president or other executive officer responsible for the day to day…

(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. The partie…

Any settlement agreement reached during a mediation shall be signed by representatives of the contractor and the unit of state government, and shall describe any procedures that the parties must follow to obtain final and binding approval of the agreement. Notes 1 Tex. Admin. Cod…

The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who …

This chapter does not waive a unit of state government's sovereign immunity to suit or liability. Notes 1 Tex. Admin. Code § 68.7 The provisions of this §68.7 adopted to be effective May 31, 2000, 25 TexReg 4719

If mediation does not resolve the claim to the satisfaction of the contractor, the contractor may request that the claim be referred to SOAH in accordance with §68.37 of Subchapter B of this chapter (relating to Request for Contested Case Hearing.) Notes 1 Tex. Admin. Code § 68.6…

A final settlement agreement reached during or as a result of a mediation that resolves an entire claim or counterclaim, or any designated and severable portion of a claim or counterclaim, shall comply with §68.33 of subchapter B of this chapter (relating to Settlement Agreement)…

(a) If a claim of breach of contract is not resolved in its entirety through negotiation or mediation in accordance with this chapter on or before the 270th day after the unit receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant…

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorneys' fees, consultant's fees and expert's fees. Notes 1 Tex. Admin. Code § 68.35 The provisions of th…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the unit of state government who have authority to bind …

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 w…

(a) A registered accessibility specialist may engage the services of another registered accessibility specialist to perform services on their behalf. (b) Each registered accessibility specialist engaged in shared services must: (1) be actively certified with the department; (2) c…

(a) Complaints. A complaint may be filed against an owner if there is reason to believe that a building or facility is not in compliance with the Act, the rules, or the TAS. A complaint may be filed against a registered accessibility specialist if there is reason to believe that …

(a) Fees collected by the department will be assessed according to the following fee schedule. (1) Project filing Fee--$175; (2) Late Project Filing Fee--$300; (3) State Lease Inspection (no construction)--$225 per lease; (4) Special Review or Inspection Fee--$215 per hour, one h…

(a) Competency. A registered accessibility specialist shall ensure compliance, be knowledgeable of, and adhere to the Act, the TAS, and this chapter. A registered accessibility specialist shall exercise reasonable judgment and skill in the performance of plan reviews, inspections…

(a) A registered accessibility specialist may set and collect fees for services rendered but must submit to the department fees received on behalf of the department no later than 30 days after receipt. (b) A registered accessibility specialist must secure written authorization: (…

(a) To request a variance waiving or modifying an accessibility standard, an owner or the owner's designated agent must submit: (1) a complete a separate form prescribed by the department for each registered project within a single building or facility; (2) supporting documentati…

The following buildings, facilities, spaces, or elements are exempt from the provisions of the Act: (1) Federal Property. Buildings or facilities owned, operated, or leased by the federal government; (2) Places Used Primarily for Religious Rituals. An area within a building or fa…

(a) State leased buildings or facilities with an annual lease expense of $12,000 or more must be registered with the department in accordance with §68.21. (b) Buildings or facilities that are leased or occupied in whole or in part for use by the state, shall meet the following re…

(a) Projects registration required. A building or facility being constructed, renovated, or modified with an estimated construction cost of $50,000 or more that is subject to compliance with the Act, the TAS, and this chapter must be registered with the department. To register a …

(a) All buildings or facilities listed under this section are subject to compliance with the Act, TAS, and this chapter, regardless of the estimated cost of construction, unless exempted under §68.30. (b) The following buildings and facilities are subject to compliance with the A…

(a) To meet the requirements of this chapter, only forms prescribed by the department will be accepted. (b) Project registration forms submitted to a registered accessibility specialist by an owner must be uploaded in TABS. (c) The unauthorized alteration of a department form in …

(a) The Texas Commission of Licensing and Regulation adopts by reference the 2012 Edition of the Texas Accessibility Standards (TAS), effective March 15, 2012. (b) The department may publish memoranda to provide clarification of technical matters relating to the Act, TAS, and thi…

(a) A paved accessible parking space must include: (1) the International Symbol of Accessibility painted conspicuously on the surface in a color that contrasts the pavement; (2) the words "NO PARKING" painted on any access aisle adjacent to the parking space. The words must be pa…

For public (State, county or local) detention and correctional facilities to comply with both the ADA and the Architectural Barriers Act (ABA), the number of cells with mobility features and communication features must be: (1) At least 3 percent, but no fewer than one, of the tot…

The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--Texas Government Code, Chapter 469, Elimination of Architectural Barriers. (2) Alteration-- A renovation, modification, or change t…

The procedures contained in this chapter are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and the Government Code, Chapter 2260. Notes 1 Tex. Admin. Code § 68.5 The provisions of this §68.5 adopted to be effective May 31, 200…

(a) The Elimination of Architectural Barriers Advisory Committee shall review rules relating to the Elimination of Architectural Barriers program and recommend changes to the Commission. (b) The Elimination of Architectural Barriers Advisory Committee may review Technical Memoran…

(a) A transmittal letter must be provided to an owner no later than the 30th day after the completion of a plan review, plan revision, or inspection and uploaded in TABS. (b) A transmittal letter must be typewritten and include, at a minimum: (1) date of the report; (2) the name …

(a) For public right-of-way projects, in addition to accepting compliance with applicable TAS requirements, the department will also accept compliance with the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, published by the Architectural a…

The department shall provide a Notice of Substantial Compliance to the owner, at the owner's written request after a newly constructed building or facility has had a satisfactory inspection or verification of corrective modifications has been submitted. Notes 16 Tex. Admin. Code …

These rules are promulgated under the authority of Texas Government Code, Chapter 469, Elimination of Architectural Barriers, and Texas Occupations Code, Chapter 51. Notes 16 Tex. Admin. Code § 68.1 The provisions of this §68.1 adopted to be effective November 5, 2001, 26 TexReg …

(a) A person may not perform or offer to provide plan review or inspection services unless the person is a certified registered accessibility specialist. To be certified, an individual must: (1) meet one of the following qualifications: (A) hold a degree in architecture, engineer…

(a) To renew a certification, a registered accessibility specialist must complete four hours of continuing education as provided in this section. (b) To meet the requirements of this section, continuing education hours must include instruction in one or more of the following topi…

(a) To renew a certification, a registered accessibility specialist must: (1) submit a complete renewal application in a manner prescribed by the department; (2) successfully pass a criminal history background check; (3) complete four hours of continuing education as required und…

(a) If a person violates any provision of the Act, the rules, TAS, or an order of the executive director or commission, proceedings may be instituted to impose administrative sanctions, administrative penalties, or both administrative penalties and sanctions in accordance with th…

This chapter governs the negotiation and mediation of a claim of breach of contract asserted by a contractor against a unit of state government under the Government Code, Chapter 2260. This chapter is binding upon units of state government without general rulemaking authority. No…

(a) Following receipt of a contractor's notice of claim, the chief administrative officer of the unit of state government or other designated representative shall review the contractor's claim and the unit's counterclaim, if any, and initiate negotiations with the contractor to a…

(a) A unit of state government 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 req…

(a) A contractor asserting a claim of breach of contract under the 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 representativ…