Texas Administrative Code

(a) Public access. Public access to state buildings is generally unlimited. However, nothing in this chapter shall be understood as permitting the use of any public building, in any manner whatsoever, when such use is for a commercial purpose. (b) Admission to state buildings. Th…

(a) Evacuation order. The commander of the Capitol Regional Command Office, or the ranking department officer on duty, may order evacuation of all or any part of the Capitol Building or other state buildings in the event of a fire, bomb threat, or any other threat to life and/or …

Members of the department will continually be alert for conditions constituting fire or safety hazards. When such conditions are discovered, a written report will be made and a copy will be forwarded to the appropriate section of the commission. In areas under the jurisdiction of…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: AOR number--An advisory opinion request file number assigned by the executive director to a pending advisory opinion request in accordance …

(a) Upon receipt of a written request for an advisory opinion, the executive director shall determine whether the request: (1) pertains to the application of a law specified under § 571.091 , Gov't Code; (2) meets the standing requirements of § 8.5 of this chapter; and (3) meets …

(a) The commission shall issue an advisory opinion in response to a request that meets the requirements of this chapter not later than the 60th day after the date the commission receives the request. (b) The time available to issue an advisory opinion in response to a written req…

(a) Each request assigned an AOR number under this chapter shall be published in summary form in the Texas Register. (b) Any person may submit written comments to the commission concerning an advisory opinion request. Comments submitted should reference the AOR number. Notes 1 Te…

If the executive director determines that a request can be answered by reference to the plain language of a statute, commission rule, or advisory opinion: (1) the executive director shall provide a written response to the person making the request that cites the language of the s…

A person who requests an advisory opinion does not obtain a defense to prosecution or to imposition of a civil penalty by requesting the opinion if any of the following apply: (1) the commission is not authorized to answer the request because it does not pertain to the applicatio…

(a) The name of a person who requests an advisory opinion is confidential. (b) The original request for an advisory opinion shall be placed in a confidential file. (c) Confidentiality under subsection (a) of this section may be waived only if the person making the request for an …

The executive director shall number and categorize each advisory opinion issued and publish the opinion on the commission's website. The executive director may publish and provide copies of advisory opinions in other formats as may be in the public interest. Notes 1 Tex. Admin. C…

(a) The commission may not issue an advisory opinion that concerns the same or substantially similar facts of pending litigation known to the commission. (b) For purposes of this section, the term litigation includes a sworn complaint proceeding before the commission if the reque…

A person who is subject to one of the laws described in § 571.091 , Gov't Code may request an opinion that advises how the law applies to that person in a specific real or hypothetical factual situation. Opinions may only address how the law applies to the requestor, not any othe…

(a) A request for an advisory opinion shall describe a specified factual situation. The facts specified may be real or hypothetical. The request must provide sufficient detail to permit the commission to provide a response to the request, including the name of the person making t…

When a majority of the commission determines that an opinion would be in the public interest or in the interest of any person or persons within the jurisdiction of the commission, the commission may on its own motion issue an advisory opinion. Notes 1 Tex. Admin. Code § 8.9 The p…

Authority is granted to the Texas Health and Human Services Commission (HHSC) under Texas Health and Safety Code § 467.001 to establish minimum criteria for peer assistance programs. Notes 26 Tex. Admin. Code § 8.101 Adopted by Texas Register, Volume 45, Number 04, January 24, 20…

This chapter applies to any peer assistance program organized and operated under authority of Texas Health and Safety Code, Chapter 467. This chapter does not apply to peer assistance programs established for licensed physicians or pharmacists or for any other profession that is …

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise. (1) Approved peer assistance program--A program designed to help an impaired professional which is: (A) established or approved by a licensing or …

(a) A professional association or licensing or disciplinary authority may establish a peer assistance program to identify and assist impaired professionals in accordance with the minimum criteria established by HHSC in this chapter and any additional criteria established by the a…

(a) A peer assistance program's governing body is legally responsible for the management, services, and operations of the program. No member of the governing body may have the potential for direct financial gain from these activities. (b) A peer assistance program's governing bod…

(a) A peer assistance program must maintain an adequate number of staff to effectively administer the program and provide the services identified in the program description. (b) Each staff position must have a written job description that specifies: (1) duties and responsibilitie…

(a) A peer assistance program must have a written description of the program that includes: (1) target population; (2) the plan for ensuring services are available throughout the state; (3) how the following areas are to be addressed: (A) identification of and intervention with i…

(a) A peer assistance program must operate according to written policies and procedures designed to support the implementation of the program description. (b) The policies and procedures for a peer assistance program must comply with: (1) this chapter; (2) any requirements of the…

(a) A person who knows or suspects that a professional is impaired by a substance use or mental health condition may report the professional's name and any relevant information to an approved peer assistance program. (b) A person who is required by law to report an impaired profe…

(a) Neither the peer assistance program nor any individual associated with it may accept compensation for referrals. Compensation includes: (1) pay; (2) anything of value; and (3) any other form of benefit or consideration. (b) If the peer assistance program has a relationship wi…

(a) An impaired professional who is referred to a peer assistance program must, as a condition of participation in the program, give consent to the program that authorizes the program to disclose the impaired professional's success or failure to complete the program to the approp…

(a) Any information, report, or record that an approved peer assistance program or a licensing or disciplinary authority receives, gathers, or maintains under Chapter 467 of the Texas Health and Safety Code is confidential. Except as prescribed in Chapter 467 of the Texas Health …

(a) A peer assistance program may provide services to impaired students. (b) A peer assistance program that elects to provide services to impaired students is not required to provide the same services to those students that it provides to impaired professionals. (c) A peer assist…

(a) Defined. Generally referred to as a "safety data sheet" (SDS), a material safety data sheet is a document containing chemical hazard and safe handling information that is prepared in accordance with the requirements of the Occupational Safety and Health Administration (OSHA) …

(a) Representative designated by written authorization. A designated representative is an individual or organization to whom an agricultural laborer gives written authorization to exercise the laborer's rights under the Act and this chapter. (b) Recognized or certified representa…

(a) An employer is a "covered employer" if the employer annually uses or stores in excess of the threshold amount of any one covered pesticide chemical, and either directly, or through labor agents: (1) hires agricultural laborers to perform seasonal or migrant work and whose gro…

A covered employer shall provide for use and at no cost to each agricultural laborer employed by the covered employer any protective clothing, equipment, or device that is specified on the label for the activities in which the agricultural laborer is engaged as part of the agricu…

(a) Development of crop sheets. (1) The department shall develop crop sheets which contain information relevant to specific crops including pesticides most commonly used on particular crops, the acute and chronic health effects of these pesticides, ways to minimize pesticide expo…

(a) Defined. A workplace chemical list (WCL) is a form that must be completed with the information required by the Act, § §125.004-.005. In order to determine whether the covered pesticide chemical must be listed, a covered employer shall total the quantities of pesticide product…

(a) The terms "agricultural laborer" or "laborer" as used in this chapter mean an individual who does one or more of the following activities at an agricultural establishment including a farm, a tree or sod farm, ranch, packing shed, greenhouse, or nursery: (1) plants, cultivates…

In addition to the statutory definitions in the Act and general definitions for Title 4, Part 1 contained within Rule 1.1, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Agr…

(a) Covered employers. (1) A covered employer who normally stores covered pesticide chemicals within one-quarter of a mile of a residential area composed of three or more private dwellings shall provide to the fire chief of the fire department having jurisdiction over the storage…

(a) Development of training program. The department, in conjunction with the service, shall develop an ongoing training program for agricultural laborers. (b) Training provided by the department. (1) The department shall provide the training program in counties with a hired farm …

(a) A covered employer, employer's representative, labor agent, or crew leader may not take any retaliatory actions against any agricultural laborer because the laborer has made an inquiry, filed a complaint, assisted the department's inspectors, instituted any proceeding under o…

(a) Purpose. The purpose of this chapter is to: (1) provide agricultural workers and their designated representatives with access to information regarding certain hazardous chemicals to which they may be exposed during their normal employment activities, during reasonably foresee…

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) 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 …

(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…