Texas Administrative Code

(a) Purpose. The purpose of this rule provides for the Department's compliance with 34 TAC Chapter 20, Subchapter F, Division 3, the rules of the Texas Comptroller of Public Accounts addressing procurement, which require state agencies to adopt protest procedures consistent with …

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Revisions to this Subchapter reflect updates to 2 CFR Part 180 and 2 CFR Part 200, which are generally effective for Contracts executed on or after October 1, 2024. This rule also reflects conformance with the Texas Grant Management Standards Version 2.0 (TxGMS) published by …

(a) For this section, the word Subrecipient also includes Multifamily Development Owners who have applied for or received Direct Loan Funds, grants or 811 PRA funds from the Department who are or have an Affiliate that is required to submit a Single Audit, i.e. units of governmen…

The Department is required to assure that fiscal control and accounting procedures for federally funded entities will be established to assure the proper disbursal and accounting for the federal funds paid to the state. In compliance with that assurance the Department requires pr…

(a) Purpose. The purpose of this section is to provide uniform Department guidance on Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1986 (PRWORA), which provides that an alien who is not a Qualified Alien is not eligible for any federal …

(a) When the federal government has provided the Department a waiver, suspension, or contract amendment of a federal programmatic regulation, federal statute, or contract term in response to a state or federally declared disaster, and the requirement waived, suspended, or amended…

It is the policy of the Department to encourage the use of Historically Underutilized Businesses ("HUB") in the Department"s procurement processes. The purpose of the HUB program is to promote full and equal business opportunities for all businesses in an effort to remedy dispari…

(a) An incurable neurodegenerative disease is a condition, injury, or illness: (1) that occurs when nerve cells in the brain or peripheral nervous system lose function over time; and (2) for which there is no known cure. (b) A qualifying physician under Texas Occupations Code, Ch…

(a) Purpose. Subchapter PP of Chapter 2306, Texas Government Code, Property Designated by Political Subdivision for Camping by Homeless Individuals, was enacted in September 2021. §2306.1122 provides that a Political Subdivision may not designate a property to be used by homeless…

(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code Chapter 55, and does not modify or alter rights that m…

(a) Aviation Advisory Committee.(1) Purpose. Created pursuant to Transportation Code, § 21.003, the Aviation Advisory Committee provides a direct link for general aviation users' input into the Texas Airport System. The committee provides a forum for exchange of information conce…

(a) The Board shall provide a training program for members of institutional governing boards in accordance with provisions set forth in Texas Education Code, § 61.084 and § 61.0841. (b) The Board may prescribe an alternative training program for members of governing boards as per…

(a) The Texas Higher Education Coordinating Board values its employees and, pursuant to Texas Government Code Chapter 661, Leave, Subchapter A, State Employee Sick Leave Pool, an agency sick leave pool shall be administered to assist employees and their immediate families in deal…

(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code Chapter 55 and does not modify or alter rights that ma…

(a) This subchapter shall govern instances in which individuals request correction of incorrect information, for which the agency is responsible, pertaining to the individual or to a person that the requestor has the legal right to represent. This subchapter should not be read to…

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise: (1) Agency--Texas Higher Education Coordinating Board. (2) Day--A calendar day. If an act is required to occur on a day falling on a Satu…

(a) An individual who finds that the information collected by and in the possession of the agency on a form or through electronic media, is incorrect, has a right to have the agency correct the information. The individual has no right to change information that was correct when i…

(a) The program or division within the agency that is the custodian of the target information shall provide an acknowledgement of receipt of the correction request to the requestor within 10 days from the receipt of the request. (b) The program or division with custody and contro…

(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…

(a) The department shall administer the ZAPD Grant Program pursuant to Texas Agriculture Code, Chapter 71, Subchapter E, subject to the availability of funds. (b) The department shall approve a standard grant application for each grant cycle. The request for grant applications, s…

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…

An institution of higher education, as defined in Texas Education Code, Section 61.003 , that agrees to conduct plant pest and disease detection and surveillance, is eligible to apply for a grant under this subchapter if the department determines that: (1) the institution of high…

The Zero Agricultural Pest and Disease (ZAPD) Grant Program is designed to provide grants to eligible institutions of higher education to conduct plant pest and disease detection and surveillance to detect plant pests and diseases newly introduced to this state or to a certain ar…

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 Grantee must follow procedures and maintain facilities that comply with all applicable federal, state and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits. All food preparation, handling, and service activities shall c…

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…

This subchapter does not apply to grant awards made by the Department, or any grant programs administered by the Department. Notes 4 Tex. Admin. Code § 1.1105 The provisions of this §1.1105 adopted to be effective March 26, 2013, 38 TexReg 1971; Amended by Texas Register, Volume …

(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 expenditure of grant funds by a grant recipient shall be documented and the funds used only for activities directly related to the purpose of the ZAPD Grant Program. Notes 4 Tex. Admin. Code § 1.1203 The provisions of this §1.1203 adopted to be effective August 4, 2013, 38 Te…

(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal s…

(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) 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…

Each Grantee using grant funds received under this subchapter toward the preparation or delivery of a Home-delivered meal must provide such meal in accordance with the service requirements outlined in Title 40 Texas Administrative Code, § 55.27(a) and (c) , or other applicable lo…

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…

(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 …

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…

(a) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal must be submitted in writing and received by the Commis…

(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual. (b) A f…

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; …

Pursuant to Texas Government Code, § 2171.1045 , and consistent with the management plan developed by the office of vehicle fleet management, the department requires that: (1) Each state-owned vehicle under the department's control shall be assigned to the department's motor vehi…

The signatures of parties, representatives, or attorneys shall constitute a certificate as provided in the Texas Rules of Civil Procedure, Rule 13, and sanctions may be imposed for violations of that rule as provided therein. Notes 4 Tex. Admin. Code § 1.9 The provisions of this …

(a) A family leave pool is established to provide eligible employees more flexibility in: (1) bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and (2) caring for a seriously ill family member or the employee themselv…

The Grant program for the distribution of surplus agricultural products is designed to provide funding to eligible nonprofit organizations for collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income…

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient. Notes 4 Tex. Admin. Code § 1.804 The provisions of this §1.804 adopted to be effective November…

(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) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, § 2255.001 . (b) Definitions. The following …

The Department will maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Department's records retention schedule. Notes 4 Tex. Admin. Code § 1.1104 The provisions of this §1.1104 adopted to be effective March 26, 2…

(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…

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. (1) Deputy Commissioner--The Deputy Commissioner of the Texas Department of Agriculture. (2) Interested Parties--All vendors who have sub…