Texas Administrative Code

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…

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 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,…

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…

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…

(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…

(a) The recovery value for an individual fish of a species which does not have recreational value shall be equal to its basic value. (b) The recovery value of an individual fish shall be determined by adding the fish's basic and recreational value for species which the Commission…

(a) Basic value shall be obtained from the most recent edition of the American Fisheries Society's special publication describing investigation and valuation of fish kills, except: (1) the basic value for freshwater fish which do not have a basic value published in the most recen…

(a) The recovery value for each individual of an endangered species equals $1,000 plus the value derived in § 69.22 of this title (relating to Wildlife--Recovery Values) for wildlife species and § 69.25 of this title (relating to Aquatic Life--Recovery Values) for aquatic life. (…

The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Basic value--The cost required to grow a fish to a particular size. (2) Commercial species--These species of fish, shellfish, and wildli…

These rules shall become a part of each shell permit issued by the department and of any renewal thereof. Notes 31 Tex. Admin. Code § 69.209 The provisions of this §69.209 adopted to be effective February 4, 1997, 22 TexReg 959.

No permit will be granted for a period longer than two years. It is the responsibility of the permittee to file for renewal at least 60 days prior to the termination date of the permit. Each permittee will be required to demonstrate compliance with all provisions of these rules p…

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…

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) Effective for distributions made after December 31, 1992, the system shall permit the distributee of an eligible rollover distribution to elect to have such distribution paid directly to an eligible retirement plan specified by the distributee in the form of a direct trustee …

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…

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…

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…

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.

(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, …

(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…

The executive director may use specific enforcement policies that are neither rules nor precedents, but rather announce the manner in which the agency expects to exercise its discretion in future proceedings. These specific enforcement policies do not establish rules which the pu…

(a) The executive director shall consider the following factors in the process of conducting a criminal enforcement review: (1) the nature, circumstances, extent, duration, and gravity of the prohibited act, with special emphasis on the impairment of existing water rights or the …

Unless specifically defined in this chapter, all terms used in these rules bear the same definitions ascribed by the Texas Water Code, the Texas Health and Safety Code, the APA, and commission rules. The terms specifically defined for the purposes of this chapter are as follows. …

(a) For rulings, orders, or decisions issued by the commission or the executive director, parties shall be given notice, in accordance with Texas Government Code, § 2001.142 . The notice shall include: (1) the commission's or the executive director's findings; (2) the amount of t…

(a) A findings agreed order is an enforcement order that is drafted with findings of fact and conclusions of law. (b) An agreed order may be drafted as a findings order when any of the following six criteria are satisfied: (1) absence of management practices designed to ensure co…

Not less than 30 days after the respondent has filed an answer under § 70.105 of this title (relating to Answer), either the respondent or the executive director may request that the chief clerk refer the case to the State Office of Administrative Hearings (SOAH) for a contested …

(a) Generally. The executive director may file a petition as the instrument for initiating an enforcement action. The EDPR, when properly noticed and served, constitutes a petition. (b) Service. Where enforcement actions are initiated with a petition, as per this section, and the…

(a) Any enforcement action brought under these rules may be initiated by an EDPR being filed by the executive director with the chief clerk. (b) An EDPR shall include a brief statement of the nature of the violation, the statute or statutes violated, the facts relied upon by the …

(a) The executive director and the respondent may reach an agreement, or settlement, in an enforcement action. In order to have legal effect as an order of the agency, and in any case in which penalties are assessed, an agreed order must be approved and issued by the commission o…

(a) The purpose of this chapter is to provide general rules governing enforcement actions before the commission or, upon delegation of the authority to issue an administrative order, the executive director. The commission shall delegate the authority to issue an administrative or…

(a) Effective July 1, 2024, all industrialized housing and buildings, modules, and modular components, shall be constructed in accordance with the codes referenced in subsection (c) - (j). The 2015 editions of the International codes as identified in subsection (c) - (i), as well…

(a) Industrialized housing, buildings, and site-built REFs shall be constructed to meet or exceed the mandatory building code standards and requirements referenced in § 70.100 and § 70.101 in effect at the time of construction. A building that has not been previously occupied or …

(a) Alternate materials or methods of construction other than as authorized by the mandatory codes set forth in § 70.100 must be approved by the council. (b) Manufacturers, REF builders, or industrialized builders shall submit descriptions of alternate methods or materials requir…

The 69th Legislature, 1985, has found and determined that there is great need to provide safe, durable code-constructed housing and buildings and to encourage the economics realized through mass production and assembly line building techniques in order to produce and provide more…

(a) Pursuant to the criteria established by the council as set forth in §§ 70.22, 70.23, and 70.24 the executive director will recommend qualified design review agencies, third party inspection agencies, third party inspectors, and third party site inspectors to the council for a…

(a) An agency seeking council approval as a design review agency (DRA) shall submit a written application to the executive director. The application will indicate the agency's name, address, and the telephone number of each office in which design review services are to be perform…

(a) An agency seeking council approval as a third party inspection agency shall submit a written application to the executive director. The application will indicate the agency name, address, and telephone number of each office through which third party inspections will be coordi…

(a) The executive director shall monitor compliance with all permits and licenses issued by the commission. If the evidence available to the executive director through the monitoring process indicates that a permittee or licensee is in substantial noncompliance for a period of fo…

Remedies available to the commission in enforcement actions include all those found in the Texas Water Code, the Texas Health and Safety Code, and the APA. These include, but are not limited to, issuance of administrative orders with or without penalties; referrals to the Texas A…

(a) A private individual with information demonstrating possible violations of law within the commission's jurisdiction should notify the executive director (ED). The ED may initiate an administrative enforcement action, or he/she may refer to the appropriate prosecuting authorit…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Actual cost--The sum of all direct costs plus a proportional share of overhead or indirect costs. Actual cost should be determined in…

(a) Each school district and charter school shall adopt a written policy consistent with § 70.1035 of this title (relating to Rights Concerning the Texas Virtual School Network) that provides students enrolled in the school district or charter school with the opportunity to enrol…

The Texas Virtual School Network (TxVSN) central operations shall maintain on the TxVSN website Informed Choice Reports for each electronic course offered through the TxVSN. Each Informed Choice Report shall annually publish the following: (1) the entity that developed the course…

(a) A public school district or charter school, institution of higher education, regional education service center, or other entity shall apply for approval to serve as a Texas Virtual School Network (TxVSN) course provider in the statewide course catalog and/or the Online School…