Texas Administrative Code

(a) In determining the date of eligibility for membership in the employee class for an employee who was subject to the waiting period, the following provisions apply: (1) the system shall count the date of employment as the first day of the waiting period; (2) the date of employm…

(a) A cash balance group member may not transfer credit under this section. (b) Purpose. These rules are intended to implement the provisions of Tex. Gov't Code Chapter 805 concerning the transfer of credit between TRS and ERS and to provide a systematic method of funding the act…

(a) A cash balance group member may not receive credit for unused accumulated leave. (b) Unused accumulated leave is creditable only in the employee class of membership and only so long as the last day of employment occurs during the month in which the member dies or the member's…

(a) A cash balance group member may not establish service credit under this section. (b) An eligible member may establish equivalent membership service credit authorized by Tex. Gov't Code § 813.513 as provided in this section. The provisions of § 71.14 of this chapter do not app…

(a) Service to be considered for the sole purpose of determining eligibility to receive an annuity as provided by § 814.104(c) , Texas Government Code, must be verified by an authorized official of the entity for which the service is performed. (b) For the sole purpose of determi…

Subject to procedures developed by the Employees Retirement System of Texas (ERS), ERS shall accept an eligible rollover distribution or a direct transfer of funds from another qualified plan or conduit or traditional IRA in payment of all or a portion of any deposit a member is …

(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 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…

(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 § 71.105 The provisions of t…

(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…

(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…

The parties shall negotiate in accordance with the timetable set forth in § 71.97 of this subchapter (relating to Timetable) to attempt to resolve all claims and counterclaims filed under this chapter. No party is obligated to settle with the other party as a result of the negoti…

(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…

(a) Fees and charges payable to the secretary of state are required to be paid in advance, that is, at the time of presenting a document for filing or making a request for information for which a fee or charge is payable. (b) All payments of money to the secretary of state should…

This chapter does not waive a unit of state government's sovereign immunity to suit or liability. Notes 1 Tex. Admin. Code § 71.87 The provisions of this §71.87 adopted to be effective April 9, 2002, 27 TexReg 2813

The procedures contained in this chapter are exclusive and required prerequisites to suit under the Civil Practice and Remedies Code, Chapter 107, and the Government Code, Chapter 2260. Notes 1 Tex. Admin. Code § 71.85 The provisions of this §71.85 adopted to be effective April 9…

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 Secretary of State, Deputy Secretary of State or other executive officer responsible for the day to da…

(a) To the extent applicable, the agency adopts the State Vehicle Management Plan as adopted by the Office of Vehicle Fleet Management, under the direction of the Council on Competitive Government, on October 11, 2000. (b) Restrictions on Assignment of Vehicles. (1) Each agency v…

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. The cost of the mediator shall…

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…

(a) Definitions. The following words and terms, when used in this section, 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 …

(a) Any actual or prospective bidder, offeror, or contractor alleging to have been aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Division Director of the Administrative Services Division (the Director). Such protests…

(a) A cash balance group member may not establish service credit under this section. (b) An eligible employee class member may establish service credit for service performed during the waiting period as authorized by Tex. Gov't Code § 813.514 and as provided in this section. The …

(a) Credit for 4-1/2 months or more of service performed in a fiscal year under the Teacher Retirement Act prior to September 1, 1958, was transferred to the system as one year of service credit. No credit was established for less than 4-1/2 months service in a fiscal year ending…

No more than one month's credit can be given under a class of membership for a month or fraction of a month of service rendered or established under that class. Notes 34 Tex. Admin. Code § 71.7 The provisions of this §71.7 adopted to be effective September 21, 1981, 6 TexReg 3427…

(a) Each elective state official who becomes a member of the system shall be eligible to establish one month of service for each month or fraction thereof in which he holds office. No more than 24 months service shall be credited for a two-year term and no more than 48 months ser…

(a) Upon the request of any person, the secretary of state will expedite the filing or reviewing of any document submitted to the Corporations Section, except for trademark documents which require a lengthy process of document review. The special handling fee for this service is …

Letters and other papers received in the Office of the Secretary of State will be stamped with the date of receipt. The time of day will not be stamped except as established by rule for specific documents. No papers are received on Saturdays, Sundays, or state holidays. Document …

(a) All apiaries wherein a reportable disease is known to exist may be quarantined by the Chief Apiary Inspector. (b) A quarantine of an apiary by the Chief Apiary Inspector shall be established by: (1) notifying the person having custody or control of the apiary of the presence …

(a) Inspections may be requested at any point during the year. An inspection may be requested in accordance to §131.044(a) or via telephone at (979) 845-9713. (b) Certificates of inspection are valid for one year from the inspection date. Notes 4 Tex. Admin. Code § 71.10 Adopted …

If the Chief Apiary Inspector determines that the public welfare requires the establishment of a quarantine, the inspector may declare a protective quarantine of a district, county, precinct, or other defined area as provided in the §131.022 of the Act. Notes 4 Tex. Admin. Code §…

(a) Payment of fees may be made electronically or by check or money order. All checks or money orders remitted for the payment of any fees specified in Subchapter C of the Act, shall be made payable to the "Texas Apiary Inspection Service." Fees shall be collected in the same man…

(a) Each beekeeper in this state may register on an annual basis with the chief apiary inspector. Registration under this section expires August 31 following the date the registration is issued. (b) A registration must include: (1) information required by the chief apiary inspect…

(a) Introduction And Legal Authority. The Texas Department of Mental Health and Mental Retardation (TDMHMR) and Texas Department of Human Services (TDHS) enter into a memorandum of understanding (MOU) in accordance with Texas Health and Safety Code (THSC), §533.044. The statute r…

(a) A person applying for an original license or a renewal license must demonstrate the person's positive working capital according to the schedule set out in Texas Labor Code § 91.014(a) . Positive Working Capital must be demonstrated by the financial statement of the applicant …

(a) An applicant shall disclose in writing to the Board any prior conviction or deferred adjudication (other than a Class C misdemeanor traffic violation) at the time of application. (b) An applicant or licensee shall disclose in writing to the Board any new conviction or deferre…

(a) Licensees must file with the Office of the Secretary of State a statement (i.e., quarterly report), on a form prescribed by that office, containing the following: (1) a statement of the total quantity of licensed products sold; (2) the total amount of gross receipts received …

(a) An application may be amended at any time to update the information contained in the original application. (b) If information contained in the original application materially changes, the licensee must amend the application to update the information within thirty days of the …

(a) Application fees are required to be paid at the time of presenting the original or renewal application for license. Licensing fees must be paid within 21 days of the approval of the original or renewal license. Royalty fees must be received with each quarterly report and in a…

(a) An original or renewal application may be denied for any of the following reasons: (1) failure of the application to comply with § 72.3 of this title (relating to Application and License), including failure to include the required application or licensing fee; or (2) where th…

(a) State agencies and officials who use the state seal for official uses or state functions have no application or fee requirement; however, in an effort to achieve uniformity and continuity, state agencies and officials are encouraged to submit their intended uses and rendition…

(a) Any person not a state public official or under the express direction of a state agency and conducting official state business must, prior to any use of the state seal in any commercial reproduction, distribution, advertisement, manufacture, promotion, replication, sale, or a…

"State seal" means the state seal, the reverse of the state seal, and the state arms as defined by Article IV, Section 19 of the Texas Constitution and § 3101.001 and § 3101.002 , Government Code. (1) The "state seal" is a star of five points encircled by olive and live oak branc…

(a) A licensee who ceases to use the state seal for a commercial purpose may abandon the license by filing a statement of abandonment. Upon abandonment, the person will no longer be licensed to use the state seal for a commercial purpose, and he will no longer be required to file…

In addition to the suspension or revocation of a state seal license, the Office of the Secretary of State may: (1) request that the Texas attorney general bring a civil action to enjoin either a violation of the statute or these sections relating to the state seal or to collect d…