Texas Administrative Code

(a) Except as provided by subsection (c) of this section, when a person who receives a cash balance or disability retirement annuity dies, a lump-sum death benefit is payable from the retirement annuity reserve account in the amount, if any, by which the balance in the retiree's …

(a) Appeal of staff decision not to approve a variance or waiver application shall be submitted to the executive director and a copy of the appeal provided to the local groundwater conservation district within fourteen (14) days of notification of staff decision. (b) The executiv…

(a) Recitals. (1) Pursuant to Texas Occupations Code, §1901.257(b), the Texas Department of Licensing and Regulation (TDLR) and the Texas Commission on Environmental Quality (TCEQ) shall enter into a Memorandum of Understanding (MOU) to coordinate the efforts of the TDLR, the fie…

To the extent that the Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to cash balance group 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…

(a) A patient may request patient records be disclosed to another person or to the patient. (b) A patient shall make the request for disclosure of patient records in writing. (c) In a written request for disclosure of patient records, a patient shall include: (1) the specific inf…

To be creditable as custodial officer service, service performed by a cash balance group member must be performed as a parole officer or caseworker or must meet the requirements of the rules adopted under Tex. Gov't Code §813.506(a) and be performed by persons in one of the job c…

A person may not act or offer to act as a driller or pump installer unless the person is licensed or registered by the executive director pursuant to the Code, and this Chapter.

(a) An applicant must submit a completed application, the required fee, and have the required two (2) years of experience drilling wells or installing pumps. (b) An applicant must complete all requirements within one year of the date the application is filed. (c) A licensee, not …

(a) Application must be made on forms approved by the department. (b) The application must include the applicant's statement that he has drilled or installed pumps under supervision of a driller or pump installer licensed under the Code and this chapter. (c) The applicant is elig…

(a) To be eligible for an examination, the applicant must submit a completed license application and pay the required fee. (b) A person taking an examination must comply with the department's examination requirements under 16 TAC Chapter 60, Subchapter E. (c) A passing grade is 7…

(a) On or before the expiration date of the license, the licensee must pay a renewal fee to the department and submit an application for renewal. (b) To renew a license, the licensee must show proof of continuing education in compliance with §76.25(b). (c) A license renewed by th…

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise. (b) To renew a license as a driller or pump installer, a licensee must complete continuing education courses approved by the department, which must inclu…

(a) A person not licensed or registered to perform drilling or pump installing work may assist a licensed driller or pump installer, pursuant to the Code, provided that the unlicensed person is not primarily responsible for the drilling or installation operations, and provided th…

(a) A person who wishes to participate in a driller or installer apprentice program under the supervision of a licensed well driller and/or a licensed pump installer who has been licensed for a minimum of two (2) years, must submit a registration form to the department, provide a…

(a) A registered driller or pump installer apprentice may only accept bids in the name of the supervising licensee, or perform or offer to perform well construction under the Code or this Chapter that the supervising licensee authorizes in writing pursuant to the apprentice progr…

(a) A licensee or other person may charge a reasonable administrative fee not to exceed $50 for providing routine patient records in a digital-only format. (b) A licensee or other person may charge a reasonable administrative fee not to exceed $25 for the first page of paper-only…

(a) An individual participating in the Proportionate Retirement Program under Tex. Gov't Code Chapter 803 who did not establish and maintain ERS membership prior to September 1, 2022, may purchase previously canceled service credit in an amount equal to withdrawn member contribut…

The following are not required to obtain a license under the Code. (1) Any person who, pursuant to 30 TAC Chapter 334, Subchapter I, possesses a Class A or Class B Underground Storage Tank (UST) Installers' license who drills observation wells within the backfill of the original …

For the sole purpose of determining eligibility to receive a cash balance retirement annuity under Tex. Gov't Code Chapter 820, the system shall consider service performed as a participant in the optional retirement program under Tex. Gov't Code Chapter 830 as if it were service …

(a) A licensee or other person shall maintain the record of a patient's treatment or service for a minimum of six years from the date of that treatment or service. (b) If a patient was younger than age 18 when the patient last received treatment or service, a licensee or other pe…

The board shall adopt actuarial assumptions, mortality tables, reduction factors, and other factors applicable to cash balance group members and may adjust them from time to time as provided by Tex. Gov't Code §815.105 or §840.005.

(a) Within forty-five (45) days after receipt of an Injurious Water or Constituents Report, as described in §76.71, the department shall review the well report for corrective actions taken by the driller. (b) If after its review, the department determines that no corrective actio…

(a) All notices of regular or special meetings of the council will be sent to the residential address of council members as recorded in the official records of the council and department. (b) The presiding officer shall preside at all council meetings and shall not vote except to…

Every well driller who drills, deepens, or alters a well, within this state shall record and maintain a legible and accurate State of Texas Well Report on a department-approved form. Each copy of a State of Texas Well Report, other than a department copy, shall include the name, …

Each well driller or installer shall, within twenty-four (24) hours of becoming aware of the existence of injurious water or constituents, inform the landowner or person having a well drilled, deepened, or otherwise altered. The well driller or installer shall, within thirty (30)…

(a) All well drillers, installers and persons having a well drilled, deepened or altered, and persons in possession of abandoned or deteriorated wells, shall adhere to the provisions of the Code and this chapter prescribing the location of wells and proper drilling, completion, c…

(a) A licensed well driller shall complete a well intended for use with a public water system in accordance with 30 TAC Chapter 290 (Rules and Regulations for Public Water Systems) and any other local or regional regulations. (b) The landowner or person having the well drilled, d…

Licensees shall mark their well rigs and pump installer vehicles used by them or their employees in the well drilling or pump installer business with legible and plainly visible identification numbers. (1) The identification number to be used on rigs and vehicles shall be the lic…

(a) No licensee shall offer to perform services unless such services can be competently performed. (b) A licensee shall accurately and truthfully represent to a prospective client the licensee's qualifications and the capabilities of the equipment to perform the services to be re…

(a) A licensee shall inform the department of any unauthorized well drilling or pump installation practice of which the licensee has knowledge. (b) A licensee shall not aid or abet an unlicensed person to unlawfully drill or offer to drill wells or install pump equipment. (c) A l…

(a) Unless waived by the landowner, a licensee shall use a manufacturer's well screen, and select the correct slot size for the screen in the installation of a domestic (household use) or landscape irrigation water well to prevent sand or sediment from entering the well. (b) The …

(a) Application Fees (1) Driller license--$430 (2) Installer license--$430 (3) Combination Driller and Installer license--$650 (4) Apprentice registration--$65 (5) Combination Apprentice registration--$115 (b) Renewal Fees (1) Driller license--$215 for renewal before March 1, 202…

(a) The annual interest rate established by Tex. Gov't Code §820.102 or §840A.103 shall be applied to a cash balance group member's accumulated account balance, adjusted for compounding, at the beginning of each month before any contribution is deposited. (b) The system shall not…

If a person violates the Texas Occupations Code, Chapters 51, 1901 and 1902, or a rule or order of the executive director or commission, proceedings may be instituted to impose administrative sanctions and/or recommend administrative penalties in accordance with the Code or Texas…

(a) A person who retired and selected an optional cash balance annuity described by § 76.6 (c)(1), (c)(2), or (c)(5) of this chapter may change the optional annuity to a standard cash balance annuity only if: (1) pursuant to a divorce decree, a court orders the change in the annu…

(a) A retiring cash balance group member may elect to receive an optional cash balance annuity instead of a standard cash balance annuity. (b) A person who selects an optional lifetime cash balance annuity must designate, before the selection becomes effective, one person to rece…

(a) A member who is eligible for an unreduced cash balance annuity may select a standard cash balance annuity or an optional cash balance annuity under § 76.6 of this chapter, together with a partial lump-sum distribution. (b) The amount of the lump-sum distribution under this se…

If a member of the Judicial Retirement System of Texas Plan One who is eligible to select a death benefit plan dies prior to age 65, the annuity will be reduced by the factors developed by the actuaries. Those factors are adopted by reference and are made a part of this section f…

(a) The Government Code, Chapter 656, Subchapter C, requires agencies like the Texas Department of Human Service (DHS) to publish rules about training and education policies. We offer training and education programs to: (1) encourage your professional development; (2) increase yo…

This chapter is promulgated under the authority of Texas Occupations Code, Chapter 1304 and Texas Occupations Code, Chapter 51.

(a) A licensee, or a licensee's employee, agent, or partner may not use or authorize the use of any public communication or advertising containing a false, misleading, deceptive, or fraudulent claim, or indicating the licensee provides services outside the scope of practice. (b) …

The following words and terms, as used in this chapter and Texas Occupations Code, Chapter 1304, have the following meanings: (1) "Buyer" means a "service contract holder" as it relates to a "depreciation benefit optional member program." (2) "Dealer" means a motor vehicle dealer…

Through the training activities program, we offer in-house or contract training activities to provide you with opportunities to enhance your job skills and meet professional development requirements. These activities include developmental workshops, seminars, conferences, and col…

(a) Tables for calculation of optional factors. (1) The 1981 reduction factors for optional forms of retirement annuities are independent of the gender of the member and of the beneficiary and are based on the GA-51 male mortality table projected with Scale C to 1970 with an age …

You may participate in training activities if the commissioner or the commissioner's designee determines that such training will: (1) enhance your ability to perform your current job duties or qualify you to perform prospective job duties; and (2) benefit both you and us by: (A) …

If you are interested in participating in either in-house or contract training, you must contact your supervisor to receive approval. Notes 40 Tex. Admin. Code § 77.13 The provisions of this §77.13 adopted to be effective April 14, 2003, 28 TexReg 3067

(a) The provisions of this section apply only to the Judicial Retirement System of Texas Plan Two. (b) Effective for distributions made after December 31, 1992, the Employees Retirement System of Texas shall permit the distributee of an eligible rollover distribution to elect to …