Texas Administrative Code

The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise: (1) Chief administrative officer--The commissioner, executive director, president or other executive officer responsible for the day to day ope…

The procedures contained in this subchapter are exclusive and required prerequisites to suit under the Civil Practice and Remedies Code, Chapter 107, and the Government Code, Chapter 2260. Notes 40 Tex. Admin. Code § 7.904 The provisions of this §7.904 adopted to be effective Feb…

This subchapter does not waive a unit of state government's sovereign immunity to suit or liability. Notes 40 Tex. Admin. Code § 7.905 The provisions of this §7.905 adopted to be effective February 22, 2001, 26 TexReg 1513; Transferred effective September 1, 2004, as published in…

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

(a) A unit of state government asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return receipt req…

(a) Upon the filing of a claim or counterclaim, parties may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including, without limitation: (1) accounting …

The parties shall negotiate in accordance with the timetable set forth in § 417.910 of this title (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation. Notes 40 Tex. Admin. …

(a) Following receipt of a contractor's notice of claim, the chief administrative officer of the unit of state government or other designated representative shall review the contractor's claim(s) and the unit's counterclaim(s), if any, and initiate negotiations with the contracto…

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this division may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, w…

The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the unit of state government who have authority to bind …

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees. Notes 40 Tex. Admin. Code § 7.914 The provisions of t…

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter on or before the 270th day after the unit receives the notice of claim, or after the expiration of any ext…

(a) The contractor and unit of state government may agree to mediate the dispute at any time before the 270th day after the unit of state government receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing. (b…

(a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the…

(a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both…

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

(a) A mediation conducted under this division is confidential in accordance with Government Code, § 2009.054. (b) The confidentiality of a final settlement agreement to which a unit of state government is a signatory that is reached as a result of the mediation is governed by Gov…

Unless the contractor and unit of state government agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expe…

The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who …

Any settlement agreement reach during the mediation shall be signed by the representatives of the contractor and the unit of state government, and shall describe any procedures required to be followed by the parties in connection with final approval of the agreement. Notes 40 Tex…

(a) A final settlement agreement reached during, or as a result of mediation, that resolves an entire claim or any designated and severable portion of a claim shall be in writing and signed by representatives of the contractor and the unit of state government who have authority t…

If mediation does not resolve all issues raised by the claim, the contractor may request that the claim be referred to SOAH by the unit of state government. Nothing in these rules prohibits the contractor and unit of state government from mediating their dispute after the case ha…

(a) Board action on the request for approval to hold an election to levy a branch campus maintenance tax shall be taken at the next quarterly Board meeting. In making its decision, the Board shall consider the needs of the community/junior college and the district, the needs of t…

(a) If the Board approves the establishment of the branch campus maintenance tax, the governing body of the school district or county shall enter an order for an election to be held in the territory under its jurisdiction not less than 20 days nor more than 60 days after the date…

A majority of the electors in the proposed branch campus maintenance tax jurisdiction voting in the election shall determine the question of the creation of the branch campus maintenance tax jurisdiction submitted in the order. Notes 19 Tex. Admin. Code § 8.102 The provisions of …

Should an election to create a branch campus maintenance tax jurisdiction fail, a period of 12 months must elapse before resubmission of the proposition to the Board. The Board shall require a strong showing of need and unusual circumstances before approving resubmission before t…

(a) Application of fees. Pursuant to Texas Utilities Code, § 121.211, the Commission establishes a pipeline safety and regulatory program fee, to be assessed annually against operators of natural gas distribution pipelines and pipeline facilities and natural gas master metered pi…

This subchapter provides rules and regulations for requesting approval from the Coordinating Board to establish, authorize, and operate a branch campus. Notes 19 Tex. Admin. Code § 8.71 The provisions of this §8.71 adopted to be effective August 23, 1998, 23 TexReg 8427.

Texas Education Code, §§ 61.051(c), 61.053, 61.061, 61.062(c)-(d), 130.001(b)(3)-(4), 130.086, and 130.087, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules to define, establish, and authorize a branch campus and to provide rules and regu…

The governing board of a community college district may establish and operate a branch campus through conversion of an extension center or extension facility, provided that each course and program has been approved and is subject to the continuing approval of the Coordinating Boa…

(a) The governing board of a community college district requesting authority to convert an out-of-district center/facility to a branch campus must submit a Letter of Application to the Commissioner. (b) A self-study must be performed by the district to assess whether the proposed…

(a) Board action on the request for approval for establishment of the branch campus shall be taken at the next regularly scheduled quarterly Board meeting. In making its decision, the Board shall consider the needs of the district, the needs of the community served by the propose…

The Board may withdraw approval for a branch campus whenever the Board (1) approves the establishment of a community college district which includes the site of the branch campus (Such local effort shall be reviewed by the Board according to the criteria as set forth in Subchapte…

This subchapter provides rules and regulations setting out the procedure by which a school district or county may levy a public community college district branch campus maintenance tax. The amount of a branch campus maintenance tax shall not exceed five cents on each $100 valuati…

Texas Education Code, §§ 61.053, 130.001(b)(3)-(4), and 130.087, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for a school district(s) or county(ies) to request authorization from the Board to hold an election to establish and levy a …

(a) A local group of citizens interested in establishing a branch campus maintenance tax jurisdiction shall appoint a Steering Committee of at least seven citizens to provide leadership on behalf of the tax effort. (b) The Steering Committee shall be composed of a cross-section o…

The Steering Committee and the community college district that is planning the branch campus shall jointly file a Letter of Intent with the Commissioner as soon as practical. The staff of the Board shall offer advice and technical assistance to the Steering Committee under the di…

(a) A local feasibility study consisting of a survey of need, potential student clientele, financial ability of the jurisdiction, and other pertinent data must be carried out under the auspices of the Steering Committee and the college which shall operate the branch campus. This …

(a) In counties with a population of more than 150,000, the Steering Committee shall be responsible for the circulation of a petition for authorization of an election to levy a public community college branch campus maintenance tax. At a minimum, the petition shall include the ma…

(a) After the petition has been circulated among the electorate and has been signed by not less than 5.0% of the qualified electors of the proposed branch maintenance tax jurisdiction, the petition shall be presented to the appropriate authorities who have the duty of verifying t…

(a) Upon submission of a petition for an election to authorize a branch campus maintenance tax to a governing body of an independent school district or county, the governing body may propose an election and submit to the Commissioner a feasibility study and survey. Upon approval …

(a) The Texas Education Code, § 130.087, requires the Board to determine that: (1) the branch campus maintenance tax rate does not exceed five cents on each $100 valuation of all taxable property; (2) a certified petition has been submitted by the appropriate authorities to the B…

The Texas Department of Insurance adopts by reference the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas (Basic Manual) as amended, effective February 1, 2021. The Basic Manual is available from the Texas Department of Insurance, M…

(a) An individual who passes the applicable rules examination with a score of at least 75% will become a certificate holder. AFS will send a certificate to the licensee listed on LPG Form 16. If a licensee is not listed on the form, AFS will send the certificate to the individual…

(a) Eligibility. To be eligible to bid on a highway improvement contract, other than a building contract, or on a materials contract, potential bidders must satisfy the applicable requirements listed in this section. (1) If the department has accepted from a person a properly com…

(a) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B Air Conditioning and Refrigeration Contractors License issued by the Texas Department of Licensing and Re…

(a) Notice to Contractors. A person may apply to have his or her name placed on a list to receive the Notice to Contractors electronically. (b) Application for notice. The following entities will receive the Notice to Contractors: (1) qualified bidders approved under § 9.12 of th…

(a) This section applies to military service members, military veterans, or military spouses, as those terms are defined in Texas Occupations Code, Chapter 55. (b) The Commission shall waive license and examination fees for: (1) a military service member or military veteran whose…

(a) Acceptable methods. Bids for a contract under this subchapter may be submitted either manually or electronically. (b) Manually submitted bids. For the purpose of manually submitting a bid, an acceptable proposal form is the form that is printed and given to the bidder by the …