Texas Administrative Code

The following publications are exempt from the State Publications Depository Program and shall not be provided to the commission: (1) agendas; (2) advertisements; (3) alumni materials; (4) announcements; (5) artwork (graphical representations without textual information); (6) cal…

(a) State publications in physical format. State agencies must deposit four copies of state publications in physical format to the State Publications Depository Program except as follows: (1) State agencies must deposit three copies of the following state publications: (A) Annual…

(a) State agencies are required to furnish copies of state publications in physical format to the commission or provide the commission online access to state publications. A state agency is not required to furnish copies of or provide online access to state publications that are …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Born digital publication--A state publication that originates in electronic format. (2) Commission--The Texas State Library and Archive…

(a) Filing requirements. (1) Except as provided under subsection (e) of this section, no organization, including any person, firm, partnership, joint stock association, corporation, or other organization, domestic or foreign, operating wholly or partially within this state, actin…

(a) General prohibition. Oil or gas shall not be produced from different strata through the same string of tubulars except as provided in this section. As used in this section, "different strata" means two or more different commission-designated fields, or one or more commission-…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Seismic hole--Any hole drilled for the purpose of securing geophysical information to be used in the exploration or de…

(a) This subchapter is adopted pursuant to Texas Government Code, § 2260.052 and governs the negotiation and mediation of a claim of breach of contract asserted by a contractor against the Land Office under Texas Government Code, Chapter 2260. (b) This subchapter does not apply t…

(a) The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1) Chief administrative officer--Chief Clerk of the Land Office or his or her designee. (2) Commissioner--Commissioner of the General Lan…

The procedures in this subchapter are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and Texas Government Code, Chapter 2260. Notes 31 Tex. Admin. Code § 3.62 Adopted by Texas Register, Volume 44, Number 47, November 22, 2019, …

(a) The General Land Office (GLO) shall identify contracts that require enhanced monitoring. (b) In determining which contracts require enhanced monitoring, the GLO shall consider factors including: (1) contract amount; (2) risk; (3) special circumstances of project; and (4) scop…

This subchapter does not waive the Land Office's sovereign immunity to suit or liability. Notes 31 Tex. Admin. Code § 3.63 Adopted by Texas Register, Volume 44, Number 47, November 22, 2019, TexReg 7186 , eff. 11/25/2019

(a) A contractor asserting a claim of breach of contract under Texas Government Code, Chapter 2260, must file notice of the claim as provided by this section. (b) The notice of claim must: (1) be in writing and signed by the contractor or the contractor's authorized representativ…

(a) If the Land Office asserts a counterclaim under Texas Government Code, Chapter 2260, it must file notice of the counterclaim as provided by this section. (b) The notice of counterclaim must: (1) be in writing; (2) be delivered by hand, certified mail return receipt requested,…

(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a purchase contract may formally protest to the commissioner of the General Land Office. Such protests must be in writing and actually receiv…

(a) General. (1) Form of payment. Fees may be paid by cash, check, or other legal means acceptable to the General Land Office. Payment by means of electronic funds transfer may be required by Texas Government Code § 404.095 , § 9.51 of this title (relating to Royalty and Reportin…

In accordance with Texas Government Code, § 2161.003 , the General Land Office adopts by reference the Comptroller of Public Accounts' rules found at Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, relating to Historically Underutilized Business…

(a) The General Land Office shall make available to its employees funds for training and education in accordance with the Employee Training Act, Government Code §§ 656.041 - 656.049 . (b) The General Land Office may provide training or education to its employees that is related t…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) GLO--The General Land Office of Texas. (2) Commissioner--The Commissioner of the General Land Office of Texas or the C…

The parties must negotiate in accordance with the timetable set forth in § 3.67 of this subchapter (relating to Timetable) to attempt to resolve all claims and counterclaims filed under this subchapter. No party is obligated to settle with the other party as a result of the negot…

(a) Following receipt of a contractor's notice of claim, the chief administrative officer must review the contractor's claim and the Land Office's counterclaim, if any, and initiate negotiations with the contractor to attempt to resolve the claim and counterclaim. (b) Subject to …

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. The parties may conduct a negotiation under this subchapter by any means authorized under the contract or agreed upon by the parties. The parties may conduct negot…

(a) The parties must disclose their settlement approval procedures before, or at the beginning of, a negotiation or mediation. (b) A settlement agreement pertaining to a claim based on a contract of the Veterans Land Board or School Land Board must be approved by the Veterans Lan…

(a) The parties may, at any time during a negotiation or mediation conducted pursuant to this subchapter, reach a settlement agreement to resolve an entire claim or any designated and severable portion of a claim. A settlement agreement must identify any unresolved portion of the…

Unless the parties agree otherwise, each party shall be responsible for its own negotiation costs, including, without limitation, fees of attorneys, consultants, and experts. Notes 31 Tex. Admin. Code § 3.71 Adopted by Texas Register, Volume 44, Number 47, November 22, 2019, TexR…

(a) If the parties do not resolve a claim of breach of contract in its entirety through negotiation or mediation in accordance with this subchapter on or before the 270th day after the Land Office receives the notice of claim, or after the expiration of any extension agreed to by…

(a) The parties may agree to mediate a claim through an impartial third party at any time. For purposes of this subchapter, "mediation" has the meaning set forth in the Civil Practice and Remedies Code, § 154.023 . The mediation is subject to the provisions of the Governmental Di…

The mediator must possess the qualifications required under the Civil Practice and Remedies Code, § 154.052 , be subject to the standards and duties prescribed by the Civil Practice and Remedies Code, § 154.053 and have the qualified immunity prescribed by the Civil Practice and …

(a) A mediation conducted under this subchapter is confidential in accordance with Texas Government Code, § 2009.054 . (b) The confidentiality of a final settlement agreement to which the Land Office is a party is governed by the Public Information Act, Texas Government Code, Cha…

Unless the parties agree otherwise in writing, each party is responsible for its own mediation costs, including without limitation, document reproduction costs and fees of attorney, consultants, or experts. The mediator's fees and associated costs shall be divided equally between…

Any settlement agreement reached during a mediation must be signed by the Parties' authorized representatives and must describe any procedures the parties must follow to obtain final and binding approval of the agreement. Notes 31 Tex. Admin. Code § 3.77 Adopted by Texas Register…

A final settlement agreement reached during or through mediation that resolves an entire claim or counterclaim, or any designated and severable portion of a claim or counterclaim, must comply with § 3.70 of this subchapter (relating to Settlement Agreement). Notes 31 Tex. Admin. …

(a) Basis. The Texas Department of Human Services, hereinafter referred to as TDHS, the Texas Department of Health, hereinafter referred to as TDH, and the Texas Department of Mental Health and Mental Retardation, hereinafter referred to as TDMHMR, are required under the provisio…

(a) This memorandum of understanding (MOU) between Texas Rehabilitation Commission (TRC), Texas Department of Human Resources (DHS), Texas Department of Health (TDH), and Texas Department of Mental Health and Mental Retardation (TDMHMR) is to implement and coordinate the exchange…

The Texas Department of Human Services (DHS) adopts by reference Texas Administrative Code, Title 37, Public Safety and Corrections, Part VI, Texas Department of Criminal Justice, Chapter 159, Special Programs, §159.5 and §159.7 (concerning Continuity of Care System for Offenders…

(a) Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts by reference a rule of the Texas Education Agency (TEA) in 19 TAC § 89.1115 (relating to Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Dis…

(a) Basis. The Texas Department of Human Services, hereinafter referred to as DHS, the Texas Office of the Attorney General, hereinafter referred to as OAG, and the Texas Department of Protective and Regulatory Services, hereinafter referred to as TDPRS are required under the pro…

(a) The Texas Department of Human Services, the Texas Department of Health, the Texas Department of Mental Health and Mental Retardation, the Texas Rehabilitation Commission, the Texas Commission for the Blind, the Texas Commission for the Deaf, the Texas Education Agency, the Te…

(a) Financial and service responsibilities to persons with disabilities. (1) Health care services. (A) One of the most important Medicaid benefits provided to low-income individuals is comprehensive health care services. In Texas, Medicaid services are funded by a combination of …

(a) Financial and service responsibilities to persons with disabilities. (1) Chronically Ill and Disabled Children's Services Bureau. (A) The Chronically Ill and Disabled Children's Services Bureau provides diagnosis and evaluation; restorative and corrective medical treatment; s…

(a) Mission. The mission of the Texas Department of Mental Health and Mental Retardation (TXMHMR) is to offer an array of services which respond to the needs of people with mental illness and mental retardation and which enable them to make choices that result in lives of dignity…

(a) Direct service responsibilities to persons with disabilities. (1) Vocational Rehabilitation Program. (A) This program prepares eligible individuals with disabilities for employment. Services include evaluations to determine vocational, educational, medical, and psychological …

(a) Financial and service responsibilities to persons with disabilities. (1) The Texas Commission for the Blind has primary responsibility for providing services to persons who are visually disabled, except welfare services and services for children provided by regularly establis…

(a) Financial and service responsibilities to disabled persons. (1) The Texas Commission for the Deaf and Hearing Impaired (TCDHI) is authorized to provide direct delivery services to persons who are deaf or hearing impaired. These services are rendered through annual contracts w…

(a) Financial and service responsibilities to persons with disabilities. (1) TEA is authorized to serve children and youth with disabilities who: (A) are ages three through 21 and are: (i) orthopedically impaired; (ii) other health impaired; (iii) mentally retarded; (iv) emotiona…

(a) Financial and service responsibilities to persons with disabilities. (1) Protective services for children and adults. (A) Child Protective Services (CPS) is the branch of the Texas Department of Protective and Regulatory Services (PRS) that provides services to children at ri…

(a) Financial and service responsibilities to persons with disabilities. (1) ECI was established by the Texas State Legislature to provide services to infants and toddlers with developmental delays and their families. ECI contracts with 75 local community organizations and agenci…