Texas Administrative Code

(a) The commission, with the approval of the governor, establishes a minimum royalty of $0.20 ton for sedimentary materials. The permittee shall pay the minimum royalty or a percent royalty of 8.0% on the average selling price per ton sold calculated on a monthly basis, whichever…

The following provisions shall apply to all shell dredging in state-owned submerged tidelands of this state. (1) The director of the department is expressly authorized to issue shell dredging permits in all the coastal waters of Texas except that at the director's discretion 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…

(a) A claimant who agrees or is ordered to submit to an examination as requested by the carrier under this chapter is required to attend the examination. (b) When a claimant fails to attend an examination permitted or ordered under this chapter, the carrier may notify the board i…

The carrier's choice of health care provider shall immediately submit a written report of the results of the examination to all parties. Notes 28 Tex. Admin. Code § 69.50 The provisions of this §69.50 adopted to be effective February 19, 1988, 13 TexReg 617.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Carrier's prior choice of health care provider--A health care provider who has examined the claimant in regard to the injury in questio…

In accordance with Texas Civil Statutes, Article 8307, §4, the claimant shall have the right to have a health care provider of his or her choice present at the examination at the carrier's expense. Notes 28 Tex. Admin. Code § 69.40 The provisions of this §69.40 adopted to be effe…

The claimant shall be entitled to a prompt examination. Any examination that fails to commence within two hours after the claimant timely reports for the examination should be reported to the executive director. Notes 28 Tex. Admin. Code § 69.45 The provisions of this §69.45 adop…

(a) This chapter shall not apply to medical examinations ordered pursuant to Texas Civil Statutes, Article 8309b, §10, and Article 8309d, §10. (b) Nothing in this chapter shall be construed to limit the rights of the parties to agree on treatment or an examination by a mutually a…

Pursuant to the requirements of the Natural Resources Code, § 40.107 , the Texas Parks and Wildlife Department adopts by reference the provisions of §§ 20.1 - 20.44 of this title (relating to Natural Resource Damage Assessment), as adopted by the Texas General Land Office, effect…

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

All permits issued under this subchapter expire one year from the date of issuance unless suspended or revoked by the executive director. Notes 31 Tex. Admin. Code § 69.7 The provisions of this §69.7 adopted to be effective January 30, 1997, 22 TexReg 901.

The Texas Parks and Wildlife Commission adopts by reference the provisions of 43 TAC §§ 2.201 - 2.207 (relating to Memorandum of Understanding with the Texas Parks and Wildlife Department). Notes 31 Tex. Admin. Code § 69.71 The provisions of this §69.71 adopted to be effective Ju…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Certified Inspector--An employee of the Texas Parks and Wildlife Department or the Texas A&M Sea Grant College Program who has satis…

The commission finds that the state will not be deprived of significant revenue and there will be no significant adverse effects on navigation, the coastal sediment budget, riverine hydrology, erosion, or fish and wildlife resources or their habitat, and the following activities …

The department shall charge a nonrefundable fee of $250 for general permit applications. If the department determines that a general permit is not authorized for an activity, the application fee shall be applied to the application fee for an individual permit. Notes 31 Tex. Admin…

(a) In the event of an emergency that requires immediate action to prevent a threat to human health and safety or the environment, a person who seeks to remove or disturb less than 1,000 cubic yards of sedimentary material shall promptly notify the department that an emergency ex…

A general permit may be authorized for an activity listed in § 69.115 (a) of this title (relating to General Permits), provided that the proposed activity: (1) will have no significant adverse effects on a natural resource of the state as set forth in Parks and Wildlife Code, § 8…

Pursuant to the authority contained in Parks and Wildlife Code, §§ 12.301 - 12.307 and Water Code, § 7.109(b) and (c) , the department shall actively seek full restitution for and/or restoration of fish, wildlife and habitat loss occurring as a result of human activities. Appropr…

(a) Recovery of value for commercial species is based on the following: (1) ex-vessel or dockside price (by weight or individual as normally determined); (2) for alligators, current per-foot market value; and (3) for alligator eggs, a number derived by multiplying the current mar…

All recovery values obtained by the application of rules under this subchapter shall be evaluated by the department on August 31 of each year and updated as necessary. Notes 31 Tex. Admin. Code § 69.27 The provisions of this §69.27 adopted to be effective October 7, 1996, 21 TexR…

If any word, phrase, sentence, paragraph, section, subsection, or any other part of this subchapter is invalidated or held inapplicable for any reason, the balance of this subchapter shall not be affected thereby, but shall remain in full force and effect to the greatest extent p…

The Tables for Computed Values for Selected Species and the list of those fish species designated as having recreational value are incorporated by reference. These may be obtained by contacting Law Enforcement Division, Texas Parks and Wildlife Department, 4200 Smith School Road,…

By the date specified on the permit, a permittee shall complete and submit an annual report on a form provided by the department. A copy of any final report and/or publication relating to the permitted activities shall also be submitted to the department. Notes 31 Tex. Admin. Cod…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Educational purposes--Activities conducted for the purposes of encouraging management and conservation of protected wildlife or furt…

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…

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…

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…

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 §…

(a) These rules establish the procedures for the issuance of permits for the taking of sedimentary materials from the public waters of this state. (b) Permits issued pursuant to these rules are not contracts, but are evidence of permission granted by the commission, acting throug…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. (1) Administratively complete--An application is administratively complete when all information required for staff evaluation has been submi…

The commission delegates power and authority to the director to issue uncontested permits for the taking of sedimentary materials from the waters of this state. Notes 31 Tex. Admin. Code § 69.103 The provisions of this §69.103 adopted to be effective February 4, 1997, 22 TexReg 9…

Unless authorized as an exempt activity pursuant to § 69.120 of this title (relating to Exemptions), the disturbance of sedimentary materials under the management and protection of the commission must be authorized under the terms and conditions of either an individual or a gener…

(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) 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…

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) 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…

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) No permit is required for an activity governed by this subchapter involving nongame species for which there are no provisions by rule or statute that would otherwise restrict take or possession. (b) Permits issued under this subchapter shall be issued to named individuals onl…

No permits for activities governed under this subchapter may be issued to any person unless the person has met the requirements of this section. An applicant for a permit under this subchapter shall submit to the department: (1) a completed application on a form supplied by the d…

(a) Zoological collection permits shall be issued only to agents of entities that are either: (1) accredited by the Association of Zoos and Aquariums (AZA); or (2) in compliance with the facility standards set forth in § 69.305 of this title (relating to Facility Standards) and w…

(a) All live birds or animals possessed under an educational display permit, or under a zoological collection permit in a facility that is not accredited by the AZA shall be kept in enclosures meeting or exceeding the standards set forth in this section. (b) The minimum cage size…

The thresholds for referral of actions of the Texas Parks and Wildlife Department listed in §505.11(7)(A)-(D) of this title (relating to Actions and Rules Subject to Coastal Management Program) shall be as follows. (1) For oyster leases issued pursuant to § 58.30 of this title (r…

Pursuant to the requirements of Chapter 501 of this title (relating to Coastal Management Program), the actions and rules of the Texas Parks and Wildlife Department with regard to the items listed in §505.11(7)(A)-(D) of this title (relating to Actions and Rules Subject to the Co…

The penalties for a violation of any provision of this subchapter are prescribed in Texas Parks and Wildlife Code, § 88.011 . Notes 31 Tex. Admin. Code § 69.9 The provisions of this §69.9 adopted to be effective January 30, 1997, 22 TexReg 901.