Texas Administrative Code

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commercial motor vehicle--A self-propelled vehicle used to transport passengers for compensation or hire between point…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Bonded agent--A person in Texas who is a third-party agent of a manufacturer located outside of Texas and who receives…

(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise. (1) Cartoon--Any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Delivery sale--A sale of e-cigarettes to a consumer in Texas regardless of whether the seller is located outside or wi…

(a) Definitions. The following words and terms, when used in this section shall have the following meanings, unless the context clearly indicates otherwise. (1) Cigarette--A roll for smoking: (A) that is made of tobacco or tobacco mixed with another ingredient and wrapped or cove…

(a) Definitions. The following words and terms, when used in this section shall have the following meanings, unless the context clearly indicates otherwise. (1) Cigar--A roll of fermented tobacco that is wrapped in tobacco and the main stream of smoke from which produces an alkal…

(a) Definitions. The following words and terms when used in this section have the following meanings, unless the context clearly indicates otherwise. (1) Cigar--A roll of fermented tobacco that is wrapped in tobacco and the main stream of smoke from which produces an alkaline rea…

(a) Warning notice signs. Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine must post a warning notice sign in a location that is conspicuous to all employees and customers and that is close to the cash register, check-out stand, …

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Cigarettes--A roll for smoking that is: (A) not a cigar; and (B) that is made of tobacco or tobacco mixed with another…

(a) Hotel Projects. (1) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise. (A) Convention center entertainment-related facilities--Facilities owned by or located on land owne…

(a) Any interested person may petition the comptroller for the adoption, repeal, or amendment of a rule by filing a petition as provided in this section. The term "interested person" as used in this section means a resident of this state; a business entity located in this state; …

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Bonded agent--A person in this state who is a third-party agent of a manufacturer outside this state and who receives …

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Alcoholic beverage--Alcohol, or any beverage containing more than 0.5% of alcohol by volume, which is capable of use f…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Alcoholic beverage--Alcohol, or any beverage containing more than 0.5% of alcohol by volume, which is capable of use f…

(a) Purposes. (1) Various state and federal laws that govern the comptroller's and taxpayers' responsibilities concerning the collection and payment of taxes and fees are addressed in other sections of this title. The Taxpayer Bill of Rights seeks to strike a balance and find way…

(a) Definitions. The following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) General information letter--Information provided by the comptroller in response to any written inquiry about the taxability of a…

To facilitate effective communication and coordination regarding allegations of sexual harassment, sexual assault, dating violence, and stalking at the institution, a postsecondary educational institution shall enter into one or more memoranda of understanding with an entity from…

(a) Each postsecondary educational institution shall: (1) designate: (A) one or more employees to act as responsible employees for purposes of Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.); and (B) one or more employees as persons to whom students …

(a) A postsecondary educational institution may designate one or more students enrolled at the institution as student advocates to whom other students enrolled at the institution may speak confidentially concerning sexual harassment, sexual assault, dating violence, and stalking.…

In implementing the requirements under this subchapter, a postsecondary educational institution shall, to the greatest extent practicable, ensure equal access for students enrolled at or employees of the institution who are persons with disabilities. The institution shall make re…

(a) The protections provided by this section apply to: (1) an alleged victim; (2) a person who reports an incident to an institution; (3) a person who sought guidance from the institution concerning an incident; (4) a person who participated in the institution's investigation of …

(a) A postsecondary educational institution may not discipline or otherwise discriminate against an employee who in good faith: (1) makes a report as required by §3.5; or (2) cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to a report m…

(a) The chief executive officer of each postsecondary educational institution shall annually certify in writing to the Coordinating Board, not later than October 31 of each year, that the institution is in substantial compliance with Texas Education Code, Chapter 51, Subchapter E…

Texas Education Code Subchapters E-2, Chapter 51, §51.259 and Subchapter E-3, Chapter 51, §51.295 authorize the Texas Higher Education Coordinating Board to adopt rules necessary to administer these Subchapters. Notes 19 Tex. Admin. Code § 3.2 Adopted by Texas Register, Volume 45…

Sections 3.1-3.3, 3.5-3.6, 3.8, 3.14, and 3.17-3.20 of this subchapter are effective on January 1, 2020 or 30 days after the publication of these rules in the Texas Register, whichever is later. The remainder of this subchapter is effective on August 1, 2020. Notes 19 Tex. Admin.…

(a) Coordinating Board or Board--The Texas Higher Education Coordinating Board. (b) Course and Scope of Employment--means an employee performing duties in the furtherance of the institution's interests. (c) "Dating violence," "sexual assault," and "stalking" have the same meaning…

(a) Each postsecondary educational institution as defined by Texas Education Code § 51.9364 will publish its process for transcript notations. "Ineligible to reenroll" will be defined by the notating postsecondary educational institution. (b) For students ineligible to reenroll i…

(a) Each postsecondary educational institution shall adopt a policy on sexual harassment, sexual assault, dating violence, and stalking applicable to each enrolled student and employee of the institution and have the policy approved by the institution's governing body. The policy…

(a) An employee of a postsecondary educational institution who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, o…

(a) Not less than once every three months, the Title IX coordinator of a postsecondary educational institution shall submit to the institution's chief executive officer a written report ("Title IX Coordinator Report") on the reports received for the institution's reporting period…

Each postsecondary educational institution shall provide an option for a student enrolled at or an employee of the institution to electronically report to the institution an allegation of sexual harassment, sexual assault, dating violence, or stalking committed against or witness…

A postsecondary educational institution shall terminate the employment of an employee whom the institution determines, in accordance with the institution's disciplinary procedure, to have committed an offense under Texas Education Code Sec. 51.255 . Notes 19 Tex. Admin. Code § 3.…

(a) If an alleged victim of an incident of sexual harassment, sexual assault, dating violence, or stalking reported to a postsecondary educational institution requests the institution not to investigate the alleged incident, the institution may investigate the alleged incident in…

The purpose of this subchapter is to establish rules to require public, private, and independent institutions of higher education to report incidents of sexual harassment, sexual assault, dating violence, and stalking; to adopt a policy on sexual harassment, sexual assault, datin…

A postsecondary educational institution that initiates a disciplinary process concerning an allegation that a student enrolled at the institution violated the institution's policy or code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking sha…

(a) If a student withdraws or graduates from a postsecondary educational institution pending a disciplinary charge alleging that the student violated the institution's policy or code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking, the ins…

A postsecondary educational institution shall ensure each of its employed peace officers completes training on trauma-informed investigation into allegations of sexual harassment, sexual assault, dating violence, and stalking. Notes 19 Tex. Admin. Code § 3.12 Adopted by Texas Reg…

The Permian Basin Boll Weevil Eradication Zone shall consist of the following area originally included as a part of the Southern High Plains/Caprock Eradication Zone described at the Texas Agriculture Code, § 74.1021(e) : all of Dawson, Ector, Howard and Martin Counties; all of B…

(a) Parties wishing to petition for a recall referendum in an eradication zone shall notify the commissioner of their intent in writing. No recall referendum may be held in an eradication zone in which a recall or establishment referendum has been held within the preceding two ye…

Once a statutory zone has been divided by rule of the commissioner, in accordance with SB 1814, §1.27(d), and approved by growers as provided in § 3.102 (b) of this chapter (relating to Eradication Zone Activation, Grower Approval), the commissioner may fairly apportion any debt …

(a) Once an eradication zone has been designated by adoption of a rule under the Texas Agriculture Code (Code), §74.1042, the eradication zone is not established until approved by a referendum of cotton growers in the new eradication zone held in accordance with the Code, §74.105…

The commissioner may conduct a public hearing within a proposed nonstatutory or statutory eradication zone to take public comment on the establishment of a nonstatutory zone or division of a statutory zone, as appropriate. Notes 4 Tex. Admin. Code § 3.101 The provisions of this §…

The Texas Agriculture Code, § 74.1042 , provides the commissioner of agriculture with the authority, by rule, to designate an area of the state as a proposed eradication zone as long as the area is not within a statutory eradication zone that has approved an eradication program b…

(a) Parties wishing to petition for addition or movement into an eradication zone shall notify the commissioner of their intent in writing. The notice shall include: (1) a geographic description of the proposed area to be added or moved; (2) information sufficient for the commiss…

(a) A cotton grower is the person defined in the Texas Agriculture Code, § 74.102(5) . A cotton grower is eligible to vote if the grower grows cotton in a boll weevil eradication zone or area in which a referendum is being held and receive direct income from the sale of cotton in…

(a) The department's determination regarding a request for exemption will be based upon whether the completed application and other satisfactory documentation establish that payment of the assessment penalty would impose an undue financial burden upon the grower. (b) In addition …

A cotton grower, who applies for an exemption from assessment penalties under § 3.76 of this chapter (relating to Application for Exemption from Assessment Penalty), may apply with the department, using a form prescribed by the commissioner, for permission to establish a payment …