Texas Administrative Code

(a) In order to satisfy Internal Revenue Service requirements that a retirement is bona fide and results in a termination of employment, a retirement shall be canceled and membership reinstated: (1) If the member holds a position in the class from which he retired during the cale…

A qualified, court-appointed guardian of the member's person and estate may sign and file the required notice, select the retirement option, and complete all other forms for the member's retirement. Notes 34 Tex. Admin. Code § 73.5 The provisions of this §73.5 adopted to be effec…

To the extent that the Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to system members, a member: (1) Shall be entitled to contributions, benefits, and credited service for the period of qualified military service to the extent required by USERRA; Int…

(a) Notwithstanding any other rule, a designated beneficiary of a System member or retiree may, under Sections 814.404 and 814.504 , Texas Government Code, assign a death benefit otherwise payable to the beneficiary only to the extent permitted by those statutes. (b) An assignmen…

An individual who receives an overpayment or an improper payment of a benefit from the retirement system may be liable for the amount of the overpayment or improper payment, plus interest, accruing at a rate of five percent per annum beginning on the 30th day after written notice…

(a) A person who receives an annuity from the Employees Retirement System of Texas (System) may authorize, in the manner specified by the System, one or more deductions from the person's monthly annuity to pay membership fees in a state employee organization as provided by Texas …

A person eligible to receive a death benefit annuity, or to select a death benefit plan, as provided by Subchapter D, Chapter 814, Texas Government Code, may select a partial lump sum distribution in the same manner as if the deceased member had made the selection. The provisions…

(a) A retiring member must file a selection of a standard annuity or an optional allowance on or before the date of retirement, unless the system has previously issued written notice of an extension of the filing deadline. Failure to comply with this requirement will cancel the r…

(a) A license issued under this chapter is valid for one year from the date of issuance and must be renewed annually. (b) A person shall not perform electrical work requiring a license under Title 8, Texas Occupations Code, Chapter 1305 with an expired license. (c) Falsifying inf…

(a) Non-receipt of a license renewal notice from the department does not exempt a person, or entity, from any requirements of this chapter. (b) A complete request for renewal must be filed on the form approved by the department and includes all required fees by the expiration dat…

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise. (b) For each renewal, an electrical apprentice, electrical sign apprentice, journeyman electrician, master electrician, journeyman sign electrician, mast…

(a) An applicant who is licensed in another state that has entered into a reciprocity agreement with Texas regarding licensure of electricians, sign electricians, journeyman linemen, journeyman industrial electricians, or residential appliance installers may obtain an equivalent …

(a) An applicant for a license as an electrical apprentice or an electrical sign apprentice will be issued a temporary apprentice license, if the applicant: (1) has not been convicted of a criminal offense; and, (2) pays the required fee. (b) A temporary license is valid for 21 d…

(a) A licensee who serves as an examiner for the National Board of Chiropractic Examiners' Part IV Examination may receive up to 8 hours of continuing education each year for the licensee's participation. (b) A licensee claiming hours as a National Boards examiner shall submit wr…

(a) To present a Board-approved continuing education course, an instructor shall meet one of the following qualifications: (1) hold a doctorate degree and active license in chiropractic or law; (2) be part of the full-time faculty of a chiropractic college accredited by the Counc…

(a) Benefits shall be calculated as if retirement credit established in the two classes of service in the Employees Retirement System had been rendered in separate systems. (b) The combined service credit of a member who is retiring exclusively under programs administered by the …

(a) Actuarial reductions for each class of service are those which would be used if all service from which the member has retired or is retiring was credited in that class. (b) A person retiring with less service than is required in the applicable formula to compute average salar…

(a) For purposes of determining eligibility for retirement benefits, a person holding a position in the employee class of membership is considered to be hired before a date specified in a statute or rule if the person: (1) Is hired and begins working before the specified date in …

(a) Incapacity from the further performance of duty means that the member has demonstrably sought and been denied workplace accommodation of the disability in accordance with applicable law, and that the member is physically or mentally unable to continue to hold the position occ…

(a) Actuarial assumptions, mortality tables, and reduction factors used for calculation of benefits first payable on or after September 1, 2018, are those adopted by the board, as adjusted from time to time as required by Tex. Gov't Code § 815.105 , and apply to forms and effecti…

(a) This section governs the increasing annuity option described in Tex. Gov't Code § 814.110 , which is also known as the "self-funded increase option." (b) If a retiree selected an increasing annuity under Tex. Gov't Code § 814.110 prior to retirement, annuity payments shall in…

(a) Payment due to an estate will be made upon receipt of a certified copy of one of the following: (1) letters testamentary which are issued to a person named executor or administrator of an estate; (2) an order admitting a will to probate as muniment of title; (3) an affidavit …

(a) A member or retiree who selects an optional retirement annuity payable for a guaranteed period may, before or after retirement, designate one or more persons as primary beneficiaries to receive any remaining guaranteed periodic annuity payments if the member or retiree dies a…

(a) For purposes of this section: (1) "supplemental program" is the program of retirement benefits for commissioned peace officers and custodial officers established by the Tex. Gov't Code § 814.107 ; (2) "regular program" is the retirement program available to members of the emp…

(a) Purpose. This section details the procedures concerning the sale of laboratory services by the Department of State Health Services (department). Particular services, with specific charges for each listed service, are found on the Laboratory Services Section (LSS) website ( ww…

(a) Specimens submitted to the Department of State Health Services (department) shall meet the requirements specified in the department's Laboratory Testing Services Manual (manual) and other written instructions established by the department. The manual is posted on the departme…

A retirement commences at midnight on the effective date. Notes 34 Tex. Admin. Code § 73.3 The provisions of this §73.3 adopted to be effective September 21, 1981, 6 TexReg 3427.

(a) The governing board of an institution required to file a statement disclosing a conditional gift from a foreign person with the Office of the Secretary of State under Texas Education Code Annotated, §51.572, shall file such statement in the same form as that required to be fi…

(a) The Board may only approve continuing education courses sponsored by a chiropractic college accredited by the Council on Chiropractic Education or a statewide, national, or international professional association. (b) A continuing education course sponsor shall submit a separa…

(a) A licensee failing to meet minimum continuing education requirements, as determined by a random compliance audit, shall have the licensee's license placed in a Continuing Education Conditional (CEC) status for 12 months. (b) A licensee under CEC status may continue to practic…

(a) "Live format" means any education course that is not pre-recorded and is presented in real time through an interactive medium such as a live webinar, an in-person training event, or telephone conference. (b) "Online course" means any pre-recorded or live format education cour…

A commission will be issued and forwarded to an appointed or elected state officer following receipt of an executed oath of office. Notes 1 Tex. Admin. Code § 73.71 The provisions of this §73.71 adopted to be effective January 1, 1976; Amended to be effective August 30, 1983, 8 T…

(a) A statement of officer form containing the language required by Article XVI, §1 of the Texas Constitution is available on the secretary of state web site at http://www.sos.state.tx.us/statdoc/statforms.shtml or may be obtained by writing the Statutory Documents Section, Offic…

These rules are promulgated under the authority of Title 8, Occupations Code, Chapter 1305, and Title 2, Occupations Code, Chapter 51. Notes 16 Tex. Admin. Code § 73.1 The provisions of this §73.1 adopted to be effective March 1, 2004, 29 TexReg 1653

(a) The executive director may grant emergency electrician licenses when: (1) in response to an emergency as defined by Gov. Code, § 418.004 , a state of disaster is declared by; (A) the Governor pursuant to Gov. Code, § 418.014 ; or, (B) the presiding officer of the governing bo…

This chapter does not apply to electrical work as provided in the Occupations Code, § 1305.003 . Notes 16 Tex. Admin. Code § 73.30 The provisions of this §73.30 adopted to be effective March 1, 2004, 29 TexReg 1653

(a) Electrical contractors, electrical sign contractors, and residential appliance installation contractors are required to maintain at least the minimum general liability insurance coverages at all times to satisfy proof of financial responsibility. (1) The insurance must be at …

(a) An electrical contractor shall: (1) notify the department when a new master electrician of record is assigned to the contractor and notify the department within thirty business days from the date that the master electrician's employment with the contractor ended; (2) maintain…

If a person or entity violates any provision of Title 8, Texas Occupations Code, Chapter 1305, any provision of Title 16, Texas Administrative Code, Chapter 73, or any provision of an order of the executive director or commission, proceedings may be instituted to impose administr…

(a) A residential appliance installation contractor shall: (1) notify the department when a new residential appliance installer of record is assigned to the contractor and notify the department within thirty business days from the date that the residential appliance installer's e…

All persons must perform non-exempt electrical work, non-exempt electrical sign work, non-exempt journeyman lineman work, or non-exempt residential appliance installation work in compliance with applicable codes and ordinances. The department will interpret applicable codes and o…

(a) An Electrical Sign Contractor shall: (1) notify the department when a new master electrician or master sign electrician of record is assigned to the contractor and notify the department within thirty business days from the date that the master electrician's employment with th…

The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1305 and any associated rules may be used to enforce Texas Occupations Code, Chapter 1305 and this chapter. Notes 16 Tex. Admin. Code § 73.91 The provisions of this §73.91 adopted to be effective Janu…

(a) The selection by a member of a service retirement annuity other than a joint and survivor annuity that pays benefits to the spouse of the member on the death of the member, is not effective unless the member's spouse consents to the selection or it is established to the satis…

The supplemental payment authorized in the Government Code, § 814.603(a) , will be implemented in accordance with the provisions of the Government Code, § 814.603(b) and § 811.006 . Notes 34 Tex. Admin. Code § 73.35 The provisions of this §73.35 adopted to be effective January 25…

(a) Annuities with an effective date before September 1, 2001, that are based on service retirements, disability retirements, or deaths pursuant to the Government Code, Title 8, §§ 814.104 , 814.107 , 814.206 , 814.207 , 814.301 , 814.302 , or 814.305 , shall be adjusted pursuant…

Upon receipt of a properly completed claim form, death certificate and other information that may be required to establish beneficiary status or heirship for the uncontested payment of a retiree lump-sum death benefit, the System will provide for the payment of the lump-sum death…