Texas Administrative Code

(a) The department requires prepayment of all charges prior to release of public information, unless the charges total $100 or less. The requestor will be contacted by a department representative once the cost of filling the request is determined. Each component of the total char…

A public library must be established to render general library services. The library must be established as: (1) a department of a city or county government by charter, resolution, or ordinance; or by contract as provided for in the Government Code, Chapter 791; or (2) a library …

(a) A public library must demonstrate local effort on an annual basis by maintaining or increasing local operating expenditures or per capita local operating expenditures. Expenditures for the current reporting year will be compared to the average of the total local operating exp…

(a) A public library that does not meet one of the requirements for accreditation cited in § 1.81 of this title (relating to Quantitative Standards for Accreditation of Library) may be provisionally accredited for not more than an initial three-year period, if the library can dem…

A public library that has been fully accredited may be granted probational accreditation for three years if the library fails to meet not more than one of the requirements in § 1.81 of this title (relating to Quantitative Standards for Accreditation of Library). To regain full sy…

A public library which has not previously qualified for system membership and is actively seeking accreditation by securing the per capita support necessary for qualification may be accredited as a system member on the basis of the library's current operating budget rather than i…

The Department will maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Department's records retention schedule. Notes 4 Tex. Admin. Code § 1.1104 The provisions of this §1.1104 adopted to be effective March 26, 2…

A public library shall file a current and complete annual report with the Texas State Library and Archives Commission by April 30. Revisions to the annual report which would affect membership status for the next fiscal year will not be accepted after July 31. Staff vacancies that…

These standards for accreditation apply only to libraries that are operated by a public school district, institution of higher education, unit of local, state, or federal government, accredited non-public elementary or secondary schools, or special or research libraries. The stan…

(a) Purpose. The purpose of this section is to establish procedures whereby the department determines if private real property rights are affected by governmental action taken by the department or the commissioner of agriculture. (b) Categorical Determination. Categorical determi…

This subchapter does not apply to grant awards made by the Department, or any grant programs administered by the Department. Notes 4 Tex. Admin. Code § 1.1105 The provisions of this §1.1105 adopted to be effective March 26, 2013, 38 TexReg 1971; Amended by Texas Register, Volume …

(a) All pleadings filed by any party relating to any contested proceeding pending or to be instituted before the department shall be filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, and…

(a) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal must be submitted in writing and received by the Commis…

The department adopts by reference the rules of the Texas Comptroller of Public Accounts in Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, (relating to Historically Underutilized Businesses) to administer and implement the department's HUB prog…

If any provision of any rule contained in this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this…

A decision or order becomes final as provided in § 1.130 of this title (relating to Finality of Decisions or Orders). The effective date of a decision or order is the date it is signed by a majority of the Commissioners, unless otherwise stated in the order and subject to a motio…

In any case in which a public emergency or imperative public necessity so requires, the department may suspend the operation of these rules. Notes 4 Tex. Admin. Code § 1.49 The provisions of this §1.49 adopted to be effective December 30, 1994, 19 TexReg 9993.

An order granting a motion for rehearing vacates the preceding final order. When the Commission renders a new final decision, a motion for rehearing directed to the new decision is a prerequisite to appeal. Notes 16 Tex. Admin. Code § 1.129 The provisions of this §1.129 adopted t…

(a) A decision or order in a contested case is final: (1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing; (2) if a motion for rehearing is timely filed, on the date: (A) the order denying the latest filed motion f…

(a) Filing of complaint. Complaints relating to matters within the Commission's jurisdiction shall be in writing and contain a detailed description of the allegations against the respondent. The complainant shall serve the complaint on the respondent and simultaneously file it wi…

(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual. (b) A f…

(a) Commencement of a contested case. (1) Enforcement contested cases are commenced when a division of the Commission refers the matter to the Enforcement Section of the Office of General Counsel and the Enforcement Section assigns a docket number to the case. Before filing a com…

(a) Parties to contested cases before the Commission are defined in § 1.2 of this title (relating to Definitions). If there is an error in a party's designation in its pleadings, the examiner may assign a party an appropriate designation. (b) The examiner may align parties accord…

(a) The chief legal officer shall decide whether to refer a matter to the attorney general for collection. This decision and any referral generally should be made no later than 60 days after the second demand letter is sent. The 60-day guideline in this subsection shall not apply…

(a) The division responsible for determining an obligation is owed the department shall cause a demand letter to be sent no later than 30 days after the obligation becomes delinquent. A notation shall be made that a copy is being sent to the attorney general who may file a lawsui…

(a) After the record of a hearing has closed, the administrative law judge shall issue a proposal for decision, stating findings of fact, conclusions of law and making a recommendation to the commissioner on the case, or issue a final order, if authorized. (b) For cases heard by …

(a) Upon receipt of a timely protest that conforms with this subchapter, the Responsible Individual will review the protest. The Responsible Individual may request written responses to the protest from any staff of the Department and may request from the Department staff any and …

The Urban Schools Grant Program is designed to establish demonstration agricultural projects or other projects designed to foster an understanding and awareness of agriculture in certain Texas urban public school districts by awarding grants to eligible elementary and middle scho…

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. (1) Deputy Commissioner--The Deputy Commissioner of the Texas Department of Agriculture. (2) Interested Parties--All vendors who have sub…

Subject to available funds, a public elementary or middle school from an urban public school district in the state, or a nonprofit organization that partners with an eligible school, is eligible to receive a grant under this subchapter if the school or nonprofit organization subm…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commissioner--The Commissioner of Agriculture, Texas Department of Agriculture. (2) Department--The Texas Department of Agriculture.…

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient. Notes 4 Tex. Admin. Code § 1.804 The provisions of this §1.804 adopted to be effective November…

(a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, § 2255.001 . (b) Definitions. The following …

(a) A family leave pool is established to provide eligible employees more flexibility in: (1) bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and (2) caring for a seriously ill family member or the employee themselv…

(a) A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state. (b…

(a) All pleadings shall be typewritten or printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an inside margin at least one inch wide, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are cle…

(a) Parties to proceedings before the department shall be classified as applicants, petitioners, complainants, respondents, or intervenors. Parties to a proceeding shall have the right to present a direct case, cross-examine all witnesses, file requests for discovery, make legal …

Each Home-delivered meal to which grant funds are applied shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or if the organization receives funding through the Texas D…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise. (1) Nonprofit Organization. An organization with an IRS designation as a 501 (c) (3) organization which has been established and is operati…

Pursuant to Texas Government Code, § 2171.1045 , and consistent with the management plan developed by the office of vehicle fleet management, the department requires that: (1) Each state-owned vehicle under the department's control shall be assigned to the department's motor vehi…

Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization: (1) has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serve each county of this state; …

A nonprofit organization that receives a grant under this subchapter must report the results of the project to the Department in a manner prescribed by the Department. Notes 4 Tex. Admin. Code § 1.905 The provisions of this §1.905 adopted to be effective November 19, 2001, 26 Tex…

The proposal submitted to the department in accordance with § 1.903 of this title (relating to Eligibility), shall include: (1) a description of how the collection and distribution of surplus products will be accomplished; (2) a schedule of projected costs for the proposal; (3) m…

This subchapter establishes the requirements for eligible organizations to apply for and obtain grant funds to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability, through the Home-Deli…

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative law judge--The commissioner or the commissioner's designee assigned to conduct a hearing on a matter before the department,…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Approved Organization--An organization that submitted an application under this subchapter that was subsequently approved by the Departmen…

(a) Every party, witness, attorney, or other representative shall comport himself in all department proceedings with dignity, courtesy, and respect for the department, the administrative law judge, and all other parties and participants. Attorneys shall observe and practice the s…