Texas Administrative Code

(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise. (1) Comprehensive school counseling program--provision of a guidance curriculum, responsive services, individual planning, and system support…

Each registered athlete agent shall file with the Secretary of State a copy of each agent contract and/or financial services contract entered into with an athlete by the athlete agent no later than the tenth day after the date the contract is signed by the athlete. Failure to tim…

An athlete agent or financial services contract is deemed filed when it is properly addressed and placed in the United States Post Office or in the hands of a common or contract carrier or successfully transmitted by fax or by e-mail. The post office cancellation mark, the receip…

(a) The Secretary of State approves a contract form that meets the requirements of Occupations Code, Chapter 2051, including §2051.203 and §2051.204. To the extent practicable, the form for an agent contract or financial services contract must conform to the contract form approve…

(a) General provision. A mold remediation contractor or company shall notify the department or the department's representative or designee of a mold remediation, as defined in §78.10(29), when mold contamination affects a total surface area of 25 contiguous square feet or more. T…

(a) Scope. These general work practices are minimum requirements and do not constitute complete or sufficient specifications for a mold remediation project. More detailed requirements developed by an assessment consultant for a particular project shall take precedence over the pr…

(a) All provisions of §78.100 shall apply to the assessment of mold in HVAC systems. (b) All provisions of §78.120 shall apply to the remediation of mold in HVAC systems. (c) Disinfectants, biocides and antimicrobial coatings. A licensee or registered worker under this chapter ma…

(a) Acupuncture, and the related practices of acupressure and meridian therapy, includes methods for diagnosing and treating a patient by stimulating specific points on or within the musculoskeletal system by various means, including manipulation, heat, cold, pressure, vibration,…

(a) Clearance criteria. For a remediation project to achieve clearance, a licensed mold assessment consultant shall conduct a post-remediation assessment using visual, procedural, and analytical methods. If walk-in containment is used during remediation, the post-remediation asse…

(a) Not later than ten calendar days after the project stop-date, the licensed mold remediation contractor or company shall provide the property owner with copies of required photographs of the scene of the mold remediation taken before and after the remediation. (b) Not later th…

(a) If the Secretary of State determines that a violation of Occupations Code, Chapter 2051, or this chapter has occurred and an administrative penalty is to be assessed, the following factors shall be considered by the Secretary of State in calculating the amount of the penalty:…

The following acts are prohibited under Occupations Code, Chapter 2051, and this chapter. The associated penalties shown are examples only for first violations of possible penalties per violation that may be increased or decreased based on the factors listed in §78.151(a) of this…

Whether a relationship is within the second degree by affinity or consanguinity is determined by the definitions found in Government Code, Chapter 573, Subchapter B.

Contested cases will be held pursuant to the right of notice, hearing, and adjudication as set out in the Administrative Procedure Act, Government Code, Chapter 2001, the rules of practice and procedure before the Office of the Secretary of State, 1 Texas Administrative Code Chap…

(a) An individual who holds a certificate of registration or license as an athlete agent in another state may submit a copy of the other state application and certificate or license instead of submitting the application or renewal required by this section if the application to th…

(a) A licensee may not: (1) perform, prescribe, or order incisive or surgical procedures; (2) prescribe controlled substances, dangerous drugs, or any other drug that requires a prescription; (3) use, prescribe, or order x-ray therapy or therapy that exposes a body to radioactive…

(a) Licensing or registration requirement. A person must be licensed or registered in compliance with this chapter to engage in mold assessment or mold remediation unless specifically exempted under the Act or §78.30. (b) Accreditation requirement. A person must be accredited as …

(a) In accordance with Texas Education Code (TEC), §33.007, a counselor shall provide certain information about higher education to a student and a student's parent or guardian during the first year the student is enrolled in a high school or at the high school level in an open-e…

A designation of compliance coordinator submitted to the Secretary of State by an institution of higher education must include: (1) the name of the institution of higher education; (2) the name, address, and telephone number of the individual designated as compliance coordinator;…

The Secretary of State has developed a form that may be used as a cover sheet for the submission of implementation standards required by Occupations Code, §2051.251 and §2051.252. See Form 2509.

(a) Unless otherwise indicated, an applicant must submit the following: (1) a completed application on a department-approved form; (2) the fee required under §78.80; and (3) proof that the applicant meets all requirements for obtaining the credential being sought. (b) Materials s…

(a) A person seeking to renew a license, registration, or accreditation shall submit a renewal application before the credential expires. (b) Each person is responsible for renewing the credential before the expiration date and shall not be excused from paying additional fees or …

(a) An applicant for a mold assessment technician, mold assessment consultant, or mold remediation contractor license must pass the state licensing examination before the license will be issued. (b) To qualify to take the examination, the individual applicant must submit a comple…

(a) This section applies to licensed mold assessment technicians, licensed mold assessment consultants, licensed mold remediation contractors, and registered mold remediation workers. (b) An applicant for renewal of a license listed under subsection (a) must successfully complete…

(a) "Qualified individual" means an unlicensed individual with adequate education, training, and skill to perform an act. (b) A licensee may not delegate responsibility to render a diagnosis, prescribe a treatment plan, or perform adjustments or manipulations under this section. …

(a) A current athlete agent registration may be surrendered at any time by written notice to the Secretary of State signed by the surrendering athlete agent. (b) The Secretary of State may cancel an athlete agent registration if the Secretary of State obtains information that the…

(a) For purposes of Texas Occupations Code §1958.002(b)(1)(D), regarding the excepted emergency containment of mold contamination, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination. (b) For purpo…

(a) An athlete agent registration may be amended to update information contained in the original registration. (b) An agent registered as a limited athlete agent who becomes certified as an agent by a national professional sports association may amend the application to reflect t…

(a) A licensee may delegate responsibility to a chiropractic student under this section if: (1) the licensee has held an active chiropractic license in good standing in Texas or another jurisdiction for five years; and (2) the licensee has been licensed by the Board for at least …

(a) Unless otherwise indicated, persons licensed under this chapter are required to obtain commercial general liability insurance in the amount of not less than $1 million per occurrence and to maintain the coverage for the term of the license. (1) Governmental entities that are …

(a) A professional athlete agent who is no longer certified by any professional sports association may amend the application to reflect the lack of national professional sports association certification(s) and convert the professional registration to a limited athlete agent regis…

(a) A licensee may delegate a radiologic procedure within the chiropractic scope of practice to an individual who has documented training and experience. (b) A licensee shall be responsible for any delegated radiologic procedure. (c) A licensee shall document the education, exper…

(a) Licensing requirement. An individual must be licensed as a mold assessment technician to perform activities listed under subsection (b), except that an individual licensed under §78.52 is not required to be separately licensed under this section. (b) Scope. An individual lice…

(a) As a condition of registration, an athlete agent must deposit a surety bond with the Secretary of State in the amount of $50,000 as required by Occupations Code, §2051.151(a). See Form 2504. (b) As a condition of registration, an athlete agent providing financial services mus…

(a) As a condition of registration, an athlete agent who does not intend to enter into financial services contracts with athletes and chooses not to obtain the financial services bond required by Occupations Code, §2051.151(a-1), and §78.51(b) of this chapter (relating to Require…

(a) Licensing requirements. An individual must be licensed as a mold assessment consultant to perform activities listed under subsection (b). A licensed mold assessment consultant who employs more than one individual required to be licensed under this section or under §78.50, mus…

(a) A bond filed under Occupations Code, Chapter 2051, and this chapter must be maintained for the duration of the registration term plus not less than two years after the later of: (1) the date that the athlete agent ceases to provide financial services to an athlete; or (2) the…

(a) Licensing requirements. A person performing mold assessment activities must be licensed as a mold assessment company if the person employs more than one individual required to be licensed under §78.50 or §78.52. (b) Authorization and conditions. A licensed mold assessment com…

(a) Registration requirement. An individual must be registered as a mold remediation worker to perform mold remediation, except that an individual licensed under §78.58 is not required to be separately registered under this section. (b) Eligibility for registration. To obtain a m…

(a) Licensing requirements. An individual must be licensed as a mold remediation contractor to perform activities listed under subsection (b). A licensed mold remediation contractor who employs more than one individual required to be licensed under this section or required to be …

(a) Occupations Code, §2051.109, requires a registered athlete agent to notify the Secretary of State in writing not later than 30 days after the date of the athlete agent's: (1) conviction of a crime, regardless of where the conviction occurred, if in this state the crime would …

(a) A licensee shall: (1) conform to the generally accepted standards of practice of the chiropractic profession in Texas; (2) properly evaluate a patient; (3) obtain a patient's informed consent for any treatment; (4) protect a patient's privacy, dignity, safety, and confidentia…

(a) Licensing requirements. A person performing mold remediation activities must be licensed as a mold remediation company if the person employs more than one individual required to be registered under §78.56 or licensed under §78.58. A licensed mold remediation company is specif…

(a) Licensing requirement. A person must be licensed in compliance with the provisions of this section to engage in activities listed under subsection (b). A person licensed under this section is not required to be separately licensed under §78.54. (1) Branch offices that perform…

(a) Accreditation requirement. A person must be accredited as a mold training provider to offer mold training courses that are prerequisites for licensing. (b) Authorizations and Conditions. The following shall apply to issuance of accreditations under this section. (1) Accredite…

(a) General provisions. Mold training providers must obtain approval of training courses and provide the names of approved instructors to the department in advance of the courses being offered except as provided under §78.64(b)(3)(A). Each application for course approval must be …

(a) General provisions. Individual applicants for licensing or renewal must submit evidence acceptable to the department of fulfillment of specific training requirements. (b) Assessment technician training. The assessment technician training course shall consist of at least 24 tr…