Texas Administrative Code

The board may periodically hold public hearings around the state to obtain input regarding the policies and operations of the board, issues before the board, and to solicit suggestions and ideas from interested members of the public. Notes 34 Tex. Admin. Code § 7.17 The provision…

(a) A match account is owned by the board or program entity until the funds or tuition units are distributed to an eligible educational institution. (b) Funds or tuition units that are awarded or allocated to a match account, including any net earnings or losses related to that a…

The Texas Save and Match Program is created to increase access to higher education by encouraging families to save for higher education expenses. Notes 34 Tex. Admin. Code § 7.161 The provisions of this §7.161 adopted to be effective July 1, 2012, 37 TexReg 4599

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accredited out-of-state institution of higher education, career school, general academic teaching institution, private or independen…

(a) The board shall develop and implement reasonable policies that provide the public with an opportunity to appear before the board and speak on issues within the scope of the board's jurisdiction. (b) At each board meeting, the board shall invite and hear public comments, subje…

(a) The board, in cooperation with the program entity, administers the Texas Save and Match Program, under which money contributed to a savings trust account by an account owner or paid by a purchaser under a prepaid tuition contract on behalf of an eligible beneficiary may be ma…

The board may take action upon a majority vote of the members present. Four members of the board shall constitute a quorum. Notes 34 Tex. Admin. Code § 7.15 The provisions of this §7.15 adopted to be effective January 8, 1996, 20 TexReg 11124.

(a) The program will be marketed in a manner that promotes the participation goals and targets of the most recent revision of "Closing the Gaps," the state's master plan for higher education. (b) The program will seek strategies that promote enrollment in the program by persons l…

(a) A person or entity may purchase tuition units for a beneficiary designated in an existing prepaid tuition contract by paying an amount referred to as a "gift contribution." (b) A gift contribution may purchase additional tuition units or, in the case of a prepaid tuition cont…

(a) The board will administer the fund in a manner that is sufficiently actuarially sound to pay the costs of program administration and operations and to meet the obligations of the program. (b) The board will annually evaluate the actuarial soundness of the fund. (c) The board …

(a) Distributions from match accounts will be made directly to the eligible educational institution upon proof of the beneficiary's enrollment and a valid invoice from the institution. (b) A match account that is linked to a prepaid tuition contract may only be used to pay underg…

(a) In any year in which sufficient funds are available, the board may announce the availability and amount of awards and may create a procedure for awarding match accounts. (b) By submitting an application, a participant agrees to all the terms and conditions set forth by the bo…

(a) No savings trust account or prepaid tuition contract may be matched as provided in § 7.163 (a)(2) of this title (relating to Texas Save and Match Program Administration) unless: (1) the participant is the account owner of a savings trust account or the purchaser of a prepaid …

(a) Not later than January 31 of each year, the plan manager shall make available online without charge to each purchaser a statement of: (1) the amount paid by the purchaser under the prepaid tuition contract; (2) the total number of each type of tuition unit covered by the cont…

To be initially eligible to participate in the program, a beneficiary, at the time a prepaid tuition contract is entered into on the beneficiary's behalf or a savings trust account is opened on the beneficiary's behalf, as applicable, must be: (1) a resident of this state; and (2…

(a) Notwithstanding any of the provisions of this chapter, the board, the program entity, or a nonprofit scholarship organization: (1) is not required to name a designated beneficiary when entering into a prepaid tuition contract or opening a savings trust account; (2) may change…

(a) In the case of a rollover contribution from another qualified tuition plan, a Coverdell education savings account, or a qualified U.S. Savings Bond, the purchaser shall provide appropriate documentation and certifications to the plan manager to identify the source of the cont…

(a) A purchaser may transfer money between an account under this subchapter and an account under another plan established by this state or by another state or other authorized entity in accordance with Internal Revenue Code, §529, to the extent and in the manner authorized by tha…

(a) The lowest part of a structure built over the tracks of a railroad, including a bridge, viaduct, foot bridge, or power line, may not be less than 22 feet above the top of the rails of the tracks. (b) A structure, including a platform or fence, or material may not be built or …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Department--The Texas Department of Transportation. (3) Executive Director--The…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Active warning device--A traffic control device that is activated by the approach or presence of a train and warns motorists of the approa…

(a) Purpose. This section provides the guidelines and specifications for the installation and maintenance of reflecting material at all public railroad grade crossings that are not protected by active warning devices, as required by Transportation Code, § 471.004 . (b) Installati…

(a) Purpose. This section implements Transportation Code, § 471.005 , which provides that a person may not dismantle an active warning device at a grade crossing on an active rail line, if any part of the cost of the active warning device was originally paid from public funds, un…

(a) Definition. In this section, "railroad underpass" means a grade separated structure that allows a roadway to cross under a railroad track. (b) Maintenance responsibilities. The department will pay for the maintenance of railroad underpass substructure units, which consist of …

(a) Grade crossing by rail line. Grade crossing of any highway or road by a railroad track is discouraged. (b) Requirements for major routes. The department will allow a track crossing on an interstate highway or other major route only with initial separation of grades. The perso…

(a) Grade crossings. The department, in the expansion, construction, reconstruction, and maintenance of the state highway system, finds it necessary from time to time to cross the tracks of a railroad at grade or to improve existing highway-railroad grade crossings. This section …

(a) To the extent and in the manner that the department may enter into a comprehensive development agreement with respect to a turnpike or toll project under Chapter 27, Subchapter A of this title (relating to Comprehensive Development Agreements), the department may enter into a…

(a) The department shall comply with the policies and procedures prescribed in Chapter 9, Subchapter B of this title (relating to Highway Improvement Contracts) in the qualification of bidders, issuance of proposals and receipt of bids, and award and execution of a contract for t…

(a) For any rail facility acquired or constructed by the department, the department may contract with a public or private entity to operate the facility or lease it. (b) Except as provided in this section, the department will use a competitive process to select the operator or le…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Abandoned rail facilities--Rail facilities for which: (A) a notice of intent to abandon or discontinue service has been filed with t…

(a) Purpose. Transportation Code, § 172.210 , provides that a rural rail transportation district created under that chapter may not abandon a rail line of the district with respect to which state funds have been loaned or granted unless the abandonment is approved by the commissi…

(a) Purpose. Transportation Code, Chapter 91, authorizes the department to acquire abandoned rail facilities. In establishing criteria for the department's acquisition of abandoned rail facilities, the commission is required to consider the local and regional economic benefit rea…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Department--The Texas Department of Transportation. (2) Division director--The director of the department's Rail Division. (3) FRA--…

(a) Applicability. A person, association, private corporation, public corporation, or any other entity that owns or operates a railroad shall comply with the requirements of this subchapter. (b) Governing statutes. Railroads operating within the state of Texas shall comply with t…

(a) A railroad shall file with the department: (1) the name, address, and telephone number of the principal operating officer in Texas; (2) a primary and secondary telephone number, which are manned 24 hours per day, for the railroad dispatcher or supervisor responsible for train…

(a) Telephonic reports of certain accidents/incidents. (1) A railroad shall give immediate telephonic notice to the department of accidents/incidents and other events by calling the department's Rail Division at the telephone number posted on the department's website. Except as p…

A railroad shall give immediate telephonic notice to the department of hazardous materials incidents by calling the department's Rail Division at the telephone number posted on the department's website. A railroad shall give reports to the department in the same manner and follow…

(a) Policy. It is the policy of the department to provide information regarding the type and quantity of hazardous materials transported within the state to the Texas Division of Emergency Management for use by local emergency planning agencies in areas containing reported railro…

(a) Definitions. The following words or terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Active warning device--A bell, flashing light, gate, wigwag, or other automatically activated warning device that provi…

(a) When the department requests in writing, a railroad shall file a map, list, or chart with the department indicating the current locations within the state of Texas of the following wayside detectors: (1) hot box indicators; (2) dragging equipment detectors; (3) high water ind…

(a) Railroad property. Authorized personnel of the department shall have the right to enter onto the property of any railroad operating within the state of Texas, for the purpose of conducting inspections, investigations, and surveillance of railroad tracks, facilities, equipment…

(a) Federal enforcement action. The division director may refer violations of FRA's railroad safety requirements to the FRA with a recommendation that the FRA seek either imposition of civil penalties or an injunction against further railroad safety violations, or both. (b) State…

(a) Annual fee. Each railroad operating within the state shall pay an annual fee as provided by this section. (b) Definitions. The following terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise. (1) Gross ton miles: (A…

(a) Applicability. This section applies only when another section makes a specific reference to this section. (b) Application. (1) A railroad shall submit an application for administrative review to the following address: Director, Rail Division, Texas Department of Transportatio…

Transportation Code, Chapter 455 requires the Texas Transportation Commission to establish standards for and implement state oversight of safety practices of rail fixed guideway systems in compliance with 49 U.S.C. § 5330 . This subchapter prescribes the policies and procedures g…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accident--An event that involves any of the following: A loss of life; a report of a serious injury to a person; a collision involvi…

(a) Each rail transit agency shall develop and implement a written system safety program plan that complies with the requirements of this section. (b) A system safety program plan developed pursuant to 49 C.F.R. part 659 may serve as the rail transit agency's safety plan until Ju…