Texas Administrative Code

The Board authorizes the Commissioner to approve proposed Board rules for publication in the Texas Register. The Commissioner may refer proposed rules for consideration by Coordinating Board committees established pursuant to § 1.5 of this title (relating to Coordinating Board Co…

The commission may, following a public hearing, contract with a major resource center, nonprofit corporation, or business. If necessary, the commission will provide an opportunity for public libraries to rejoin a major resource system or regional library system by resolution or o…

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) The commission shall designate a large public library to serve as the major resource center for an area of 4,000 or more square miles. To be designated as the major resource center, the library must: (1) have and annually maintain its accreditation as a member of the library …

Consistent with the established rules and regulations of the state library system and the Library Systems Act, by September 1, 1978, on behalf of a major resource system, a major resource center shall provide a copy of system bylaws approved by the system advisory council, the ma…

The committee chairperson shall report any recommendations to the Board on no less than an annual basis. The committee shall also report committee activities to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the commit…

(a) Authority. Statutory authority for this subchapter is provided in the Texas Education Code, § 130.001(b) . (b) Purposes. The Standing Advisory Committee for Public Junior Colleges is created to provide the Commissioner and Board with advice and counsel with respect to the fun…

Each public library applying for membership in the Texas Library System must meet the following requirements: (1) The library must have a website and a telephone with a published number. (2) The library must have available both a photocopier and a computer with Internet access fo…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Business day--Any day during which the United States Post Office or during which the department is open for business f…

The commissioner of agriculture (the commissioner) or any person designated by the commissioner shall develop procedures and guidelines for determining obligations owed to the department and the appropriate means of collecting such debts. Notes 4 Tex. Admin. Code § 1.51 The provi…

(a) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding conducted under the authority of the Administrative Procedure Act is entitled to the following compensation: (1) mileage in the same amount per mile as th…

(a) Government Code, § 441.006 , charges the commission with adopting policies and rules to aid and encourage the development of and cooperation among all types of libraries. In addition, Government Code, Chapter 441, Subchapter I, authorizes the commission with setting accredita…

(a) Library services for the general public must be provided without charge or deposit to all persons residing in the local political subdivisions which provide monetary support to the library. These library services include the dissemination of materials or information by the li…

A nonprofit corporation shall not establish a charter or adopt bylaws that permit member library directors or member library staff to serve on the board of directors. Nor shall member library directors or member library staff serve as officers or directors of a for-profit corpora…

(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…

When the Texas Library System is funded in whole or in part by federal funds, major resource or regional library systems shall include in their long-range plan and annual program of services and budget projects which specifically address the federal priorities, as determined by t…

Not later than September 1 of each odd-numbered year, the Board shall appoint an advisory committee to review the funding formulas for the use of the Governor and the Legislative Budget Board in making appropriations recommendations to the legislature for general academic institu…

(a) Membership shall consist of representatives of Texas public general academic institutions, public state colleges, and Texas State Technical College with knowledge of the current funding formulas and the educational goals of the state. (b) Membership on the committee should in…

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,…

For a city, nonprofit corporation, and/or county-established library receiving public monies for public library service, the population served by a public library is the population in the most recent decennial census or official population estimate of the United States Department…

The Board authorizes the Commissioner to provide direct supervision of the Education Research Centers created by Texas Education Code § 1.005 . Notes 19 Tex. Admin. Code § 1.17 The provisions of this §1.17 adopted to be effective February 18, 2007, 32 TexReg 526

Tasks assigned to the committee include: (1) Study and make recommendations for the appropriate funding levels for each formula; (2) Study and make recommendations for modification to the formulas that will increase effectiveness and efficiencies of the programs delivered; (3) Id…

Grantee shall permit the Department and any other authorized governmental entity, through any authorized representatives, the access to and right to examine all records, books, papers, contracts, or other documents, including permits, related to grant funds received pursuant to t…

(a) Grantees shall maintain documentation as required by the Department to verify that individuals who receive meals paid for or delivered in part with grant funds received under this subchapter each qualify as a Homebound Elderly person or Homebound person with a Disability. Suc…

The expenditure of grant funds by a Grantee shall be documented and used only to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability. Permissible expenditures include, but are not limit…

(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) 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) Any party may, within 15 days after the date of service of a proposal for decision, file exceptions to the proposal for decision. Replies to such exceptions may be filed by any other party within 10 days after the deadline for filing such exceptions. Either party may file a c…

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…

(a) The application shall be in a form prescribed by the Department, in accordance with this subchapter. (b) The application submitted to the Department in accordance with § 1.954 of this title (relating to Eligibility for Grant), shall: (1) be notarized and signed by the Organiz…

An Organization is eligible to receive a grant under this subchapter if it: (1) administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability; (2) (if a nonprofit private organization) has a voluntee…

(a) Before an Organization may receive a grant from the Department, the county in which the Organization provides meals must make a grant to the Organization. The grant must be for the provision of home-delivered meals to the homebound elderly and disabled in that county. (b) A c…

(a) The Department annually shall determine: (1) the total amount of money available for grants under this subchapter; (2) the number of residents at least 60 years of age in this state, according to the most recent federal decennial census; and (3) the number of residents at lea…

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) 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 …

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…

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…

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; …

The Commissioners or the Hearings Director may dismiss, with or without prejudice, any proceeding under such conditions and for such reasons as are found to be just and reasonable, including the following: (1) failure to prosecute; (2) unnecessary duplication of proceedings or re…

When two or more applications, petitions, or other proceedings involve common questions of law or fact, the appropriate division director, the Hearings Director or the examiner may consolidate the proceedings or direct that there be a joint hearing without formal consolidation an…

All hearings shall be open to the public and, except as otherwise required by law, shall be held in Austin. The Commissioners or the Hearings Director may designate another place of hearing if for good cause and in the public interest. Notes 16 Tex. Admin. Code § 1.108 The provis…

(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) 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) Subpoenas. Upon the request of a party to a contested case and upon the showing of good cause, a subpoena may be issued by the commissioner or an administrative law judge employed by the department as provided by the APA, §2001.089. (b) Depositions. (1) Issuance of commission…

(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 examiners will not consider any stipulation or agreement unless it is in writing and signed by the parties or their authorized representatives, or dictated into the record during the course of the proceeding. This section does not limit a party's ability to waive or modify by…