Texas Administrative Code

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…

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)…

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…

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

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Education--Activities that encourage management and conservation of wildlife resources or that are intended to increase the public's…

(a) Activities authorized by a permit issued under this subchapter shall be conducted only by the permittee and/or subpermittees named on the permit or volunteers in compliance with the requirements of this subchapter. (b) Except as provided in subsection (c) of this section, act…

(a) Except as may be otherwise provided by this subchapter, no person may possess wildlife for purposes of rehabilitation unless the person possesses a valid permit issued under the provisions of this subchapter. (b) Except as otherwise provided under Chapter 65, Subchapter B, of…

(a) An applicant for a permit under this subchapter must be at least 18 years of age. (b) Applications shall be made on forms supplied or approved by the department. Incomplete applications will not be processed. (c) Applications must be accompanied by:(1) a copy of the certifica…

(a) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, or received deferred adjudication or been assessed an administrative penalty for a violation of: (1) Parks and Wildlife Code, Chapter 43; (2) a pr…

(a) Renewal applications shall be made on a form provided by the department and shall be submitted with the annual report required by § 69.52 of this title (relating to Reports) by no later than January 15 of each year. (b) Renewal applications shall not be processed until the de…

(a) All facilities shall be subject to inspections by the department. A first-time applicant's facilities shall be inspected by the department and no permit shall be issued until the facilities are determined to satisfy all of the applicable facilities standards of this subchapte…

(a) Each permittee and each subpermittee who operates a satellite facility shall maintain, on a form provided or approved by the department: (1) a daily log of all animals acquired or received for rehabilitation. The daily log shall, at a minimum, consist of the following:(A) the…

(a) All permittees are henceforth required to have on each operating dredge a person vested with authority and the responsibility to immediately stop all dredging and move the dredge or other offending equipment to another proper location upon direction of the director or designa…

(a) The civil statutes relating to shell dredging authorize the revocation of the permit when the provisions of the permit are not followed. In addition to the maximum penalty of revoking the permit, the director will seek the following administrative action and penalties when a …

(a) The following procedures will be followed for the issuance of general permits. (1) All requests for shell dredging permits will be made in writing to the director. (2) The applicant must give notice by publication simultaneously with its application for three consecutive days…

(a) The application for a permit (either individual or general) shall set forth the proposed location, quantities, kinds of materials to be removed, equipment to be used, period of time, names of alongshore property owners on both sides of the waterway for one mile both upstream …

(a) A written request for a contested case hearing from an applicant or a person with a justifiable interest must be received prior to the close of the public comment period and shall be referred to the Office of Administrative Hearings (OAH) within 45 days after the close of the…

(a) In issuing a permit, the department relies in part on the information provided by the permittee with the application. If such information proves to be false, incomplete, or inaccurate, a permit may be modified, suspended, or revoked, in whole or in part following the administ…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Parks and Wildlife Commission. (2) Department--The Texas Parks and Wildlife Department. (3) Depth--Water depth at…

Any previous orders or rules dealing with shell dredging are expressly repealed with the exception of § 69.121 of this title (relating to Prices) and commission action on August 12, 1974, designating state land tracts for general and special permits. Notes 31 Tex. Admin. Code § 6…

(a) Rules under this subchapter establish guidelines for measuring the monetary value of each individual of any species of aquatic life or wildlife: (1) unlawfully killed, caught, taken, possessed or injured in violation of the Parks and Wildlife Code or in violation of any regul…

(a) Only the individuals named on a scientific plant permit are authorized to conduct the activities authorized by a permit issued under this chapter. (b) Qualifications. A scientific plant permit shall be issued only to a person who provides evidence to the department's satisfac…

(a) A person may apply for a sales permit by submitting a completed department-supplied application form and the permit fee specified in § 53.15 of this title (relating to Miscellaneous Fisheries and Wildlife License and Permits). (b) The department may issue a permit under this …

(a) Any person who possesses a coatimundi and distributes, sells, or offers for sale such coatimundi must possess a Protected Nongame Sales Permit. (b) Any person may possess a captive-bred coatimundi in this state, provided that person also possesses proof that the coatimundi wa…

(a) A commercial plant permit is required to take, possess, and/or transport protected, threatened, and endangered native plants from private lands for commercial purposes. No permit is required to take, possess, and/or transport protected, threatened and endangered native plants…

(a) Except as provided by federal law, Chapter 65, Subchapter B, of this title, or a provision of state law, a permit issued under this subchapter authorizes the permittee to transfer wildlife to: (1) other wildlife rehabilitators legally permitted to hold that species in Texas; …

(a) A permittee shall release all wildlife capable of surviving in the wild in accordance with the provisions of this section, unless specifically authorized in writing by the department to do otherwise. (b) A permittee shall not release, or cause or allow the release of wildlife…

The penalties for violations of this subchapter are as prescribed by Parks and Wildlife Code, Chapter 43, Subchapter C. Notes 31 Tex. Admin. Code § 69.53 The provisions of this §69.53 adopted to be effective January 30, 1997, 22 TexReg 902.

For the purposes of this subchapter, the following words and terms shall have the following meanings, except in cases where the context clearly indicates otherwise: Coatimundi--Any coatimundi of the species Nasua narica. Notes 31 Tex. Admin. Code § 69.402 The provisions of this §…

Where the provisions of Chapter 65, Subchapter G of this title (relating to Threatened and Endangered Nongame Species) conflict with this subchapter, this subchapter prevails. Notes 31 Tex. Admin. Code § 69.401 The provisions of this §69.401 adopted to be effective August 26, 199…

The department may require information in addition to that required by paragraphs (1)-(3) of this section. Scientific plant permits may be renewed, provided: (1) the permittee has submitted the annual report by the date specified on the permit; (2) the permittee has complied with…

Unless specifically exempted by another provision of this code, it is an offense for any person to violate a provision of this subchapter. Penalties for a violation of this subchapter are as provided by Parks and Wildlife Code, § 43.030 . Notes 31 Tex. Admin. Code § 69.311 The pr…

Failure of a permittee to comply with the rules, orders, or permits of the department will be a violation and subject permittee to the administrative actions or penalties stated in § 69.207 of this title (relating to Administrative Action and Penalties). Notes 31 Tex. Admin. Code…

(a) An actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the Attorney General may file a written protest. The protest must be addressed to the Procurement and Contract Operati…

(a) The purpose of this subchapter is to provide an internal protest procedure to be used by any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the Office of the Attorney G…

If the contract being protested has not been awarded, upon the timely filing of a protest or appeal under these procedures, the Attorney General shall not proceed further with the solicitation or award of the contract unless the First Assistant, in consultation with the affected …

(a) The agency will complete a risk assessment to identify contracts that require enhanced contract or performance monitoring; (b) Information on these contracts will be reported to the First Assistant Attorney General . The First Assistant Attorney General will be notified immed…

Protests and appeals which are not filed timely will not be considered, unless good cause for delay is shown or the First Assistant determines that a protest or appeal raises issues significant to the agency's procurement practices or procedures. Notes 1 Tex. Admin. Code § 69.5 T…

(a) State-owned motor vehicles under the control and custody of the Attorney General shall be exempt from the vehicle inscription requirement set out in Texas Transportation Code § 721.002 if used primarily for any of the following purposes: (1) civil or criminal investigations; …

The Attorney General will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the Attorney General's agency retention schedule. Notes 1 Tex. Admin. Code § 69.7 The provisions of this §69.7 adopted to be effecti…

(a) A protesting party or any other interested party who is not satisfied with the determination of the Director may appeal the determination to the First Assistant. The appeal must be submitted in writing to the First Assistant and received in the office of the First Assistant n…

(a) Each agency vehicle, with the exception of a vehicle assigned to a field employee or a vehicle used for undercover and/or surveillance activities, shall be assigned to the agency motor pool and be available for check-out. (b) The agency may assign a vehicle to an individual a…

To the extent applicable, the agency adopts the State Vehicle Management Plan developed by the Comptroller of Public Accounts' Office of Vehicle Fleet Management. Notes 1 Tex. Admin. Code § 69.35 The provisions of this §69.35 adopted to be effective July 16, 2001, 26 TexReg 5235;…

The application for permission or order shall be made on a combination form approved by the board and shall contain all information required by the board as detailed on the form. Notes 28 Tex. Admin. Code § 69.20 The provisions of this §69.20 adopted to be effective February 19, …

The carrier or the claimant may appeal a decision by the board staff in writing to the executive director or the full board. The appeal must be received no later than 10 days after the order or denial is mailed or delivered to the parties. Notes 28 Tex. Admin. Code § 69.30 The pr…

A claimant's health care provider shall timely release any and all medical records relating to the injury or disease in question, including x-rays and results of other diagnostic tests, when requested by the carrier pursuant to this chapter. A carrier shall report to the board th…

Prior to the date the claimant attends an examination ordered by the board or permitted by the claimant, the carrier shall tender to the claimant travel expenses in accordance with § 41.155 of this title (relating to Transportation Costs as Medical Expenses). Notes 28 Tex. Admin.…