Texas Administrative Code

Except as otherwise provided in Tax Code, § 41A.015(b)(1) or § 41A.015(i) , these rules, or other law, as applicable, the property owner, property owner's agent, ARB, appraisal district, and arbitrator, as applicable, may provide written communications, notifications, and materia…

(a) Necessary Parties. Necessary parties to LBA under Tax Code, § 41A.015 , include the property owner or the property owner's agent, the chief appraiser, and the ARB. Necessary parties to RBA under Tax Code, § 41A.01 , include the property owner or the property owner's agent and…

(a) Substitution prior to arbitration hearing. The comptroller shall remove an arbitrator from an arbitration and substitute a different arbitrator prior to the arbitration hearing taking place if the division director determines by clear and convincing evidence there is good cau…

(a) Actions reviewable in LBA. A property owner who has filed a notice of protest under Tax Code, Chapter 41, may file a request for LBA to compel the ARB or the chief appraiser to take certain actions under Tax Code, § 41A.015(a) . (b) Waiver of right to seek LBA. A property own…

(a) Amount of arbitrator fee. The arbitrator fee for LBA shall not exceed the applicable amount specified in Tax Code, § 41A.015(p)(2) . (b) Multiple properties. Where the property owner has appealed multiple properties, some qualifying under Tax Code, § 41A.015(p)(2)(A) and some…

(a) Right of appeal in RBA. A property owner or the property owner's agent may appeal an ARB order determining a protest of property value through RBA under the terms and conditions of this section. A single ARB order may be appealed to RBA by only one property owner, even if mul…

(a) Amount of deposit. A deposit shall be submitted with each request for RBA in the applicable amount specified in Tax Code, § 41A.03(a)(2) . (b) Deposit amount for contiguous tracts. The deposit amount required for arbitration of contiguous tracts of land must correspond with t…

(a) Notice of processing. The parties shall have 45 calendar days after the date that the comptroller provides notice that the request for RBA has been processed under § 9.4207 of this title in which to try to settle the case or determine that the request for RBA should be withdr…

(a) Appointment of arbitrator. After the conclusion of the 45-day settlement period or waiver of the 45-day settlement period, the comptroller shall appoint an individual included in the comptroller's registry of arbitrators who is both qualified and eligible for the particular a…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agent--A duly authorized individual designated to act as agent on behalf of the petitioner in a protest of the comptroller's finding…

(a) Scope of rules. The rules in this subchapter shall govern the procedures for submitting a petition initiating a protest of the comptroller's findings under Government Code, § 403.302(g) or (h) and the conduct of protest hearings and the filing of exceptions and replies to exc…

(a) At any time before the date on which the final taxable value of each school district is certified to the commissioner of education under Government Code, § 403.302(j) , the comptroller may certify amended preliminary findings to the commissioner of education under Government …

(a) At any time before a referral to SOAH, a petitioner may request an extension of time for any deadline, except the deadline to file a petition, by submitting a request for extension to the division director. (b) A request for an extension of time must be submitted in writing a…

(a) A school district may protest the comptroller's preliminary findings certified under Government Code, § 403.302(g) . (b) A school district may protest the comptroller's certified findings of an audit conducted under Government Code, § 403.302(h) . (c) A property owner eligibl…

(a) A protest under Government Code, § 403.303(a) shall be initiated by timely filing a petition with the division. (1) A petition initiating a protest of the comptroller's preliminary findings must be submitted not later than the 40th day after the date on which the comptroller'…

(a) A protest shall be dismissed if there is any jurisdictional defect in submission of the petition. If a petition is filed and there is a jurisdictional defect, the division may file a motion to dismiss with the State Office of Administrative Hearings (SOAH) and a request to do…

(a) A petition shall contain the following: (1) the petitioner's name; (2) the designated agent of the petitioner, if any; (3) the mailing address of the petitioner and any designated agent for the petitioner; (4) the physical address of the petitioner and any designated agent fo…

(a) The economic benefit statement must include the information described in Government Code, § 403.608(b) , including the sources relied upon. (b) The comptroller may require an applicant to supplement or modify the economic benefit statement to provide further clarity or if the…

(a) Both the governor and the governing body of the applicable school district must decide under Government Code, § 403.610(a) and § 403.611(a) , that they are agreeable to entering into an agreement with the applicant for a limitation on taxable value of eligible property. (b) T…

A local law enforcement agency with jurisdiction over the investigation of a missing person requests activation by submitting the appropriate Texas Department of Public Safety (DPS) form, available on the DPS website. A local law enforcement agency may submit the form after it ha…

The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are…

CLEAR Alert Network activations and deactivations will be made according to the procedures specified in the current CLEAR Alert standard operating guidelines. Notes 37 Tex. Admin. Code § 9.105 Adopted by Texas Register, Volume 45, Number 50, December 11, 2020, TexReg 8869 , eff. …

(a) Emergency identified. When a condition exists that endangers the life or safety of officers or citizens to the extent that uninterrupted communications with another station or stations is required, other stations and units within the radiating pattern may be directed to trans…

(a) The Texas Department of Public Safety (DPS or the department) and the National Weather Service (NWS) have entered into a cooperative program of tornado and severe weather warnings. National Weather Service forecasts for general areas where severe weather or tornadoes may deve…

The AMBER Alert Network was developed as a statewide emergency response system for abducted children. The network is designed to be activated in instances involving true child abductions. Activation of the network outside the established criteria will ultimately cause the public …

A local law enforcement agency with jurisdiction over the investigation of an abducted child may submit a request for activation of the AMBER Alert Network. The request must be submitted using the appropriate Texas Department of Public Safety (DPS) form, available on the DPS webs…

The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are…

AMBER Alert Network activations and deactivations are made according to the procedures specified in the current Statewide Texas AMBER Alert Network Plan. Notes 37 Tex. Admin. Code § 9.24 The provisions of this §9.24 adopted to be effective July 27, 2005, 30 TexReg 4216; Amended b…

(a) The Silver Alert Network ("network") was developed as a statewide emergency response system for certain missing senior citizens and individuals diagnosed with Alzheimer's disease. The network is designed to be activated when a missing senior citizen, 65 years of age or older …

A local law enforcement agency with jurisdiction over the investigation of a missing person may submit a request for activation of the Silver Alert Network. The request must be submitted using the appropriate Texas Department of Public Safety (DPS) form, available on the DPS webs…

The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are…

(a) The department and comptroller operate under a memorandum of agreement that allows qualified businesses certified as a Disadvantaged Business Enterprise (DBE) in accordance with the Texas Unified Certification Plan (TUCP) to be recognized as a HUB. (b) The comptroller certifi…

(a) The executive director will establish annual agency HUB participation goals making use of disparity studies, including the study described by Government Code, § 2161.002(c) , as well as other relevant information and complying with 34 TAC §20.13(relating to Statewide Annual H…

(a) The department will assign individual contract goals for HUB participation contracts as necessary to meet the overall annual HUB goals. (b) Contract goals will be based on the availability of qualified HUBs, work site location, dollar value of the contract, and type of work i…

(a) A contract that is estimated to involve more than $100,000 over the life of the contract, including renewals, and that has subcontracting opportunities must include a HUB plan as a condition of contract award. The department may require a HUB plan as a condition of the award …

(a) Applicability. The emergency contract process described in this section may be used when the executive director or the executive director's designee certifies in writing that an emergency situation, including a safety hazard, a substantial disruption of the orderly flow of tr…

(a) Applicability. The urgent and critical process described in this section may be used when the executive director certifies in writing that an urgent and critical need exists that cannot otherwise be met, that there is sufficient objective reason to believe that a specific pro…

(a) Contract negotiations. (1) A contract that is subject to § 9.34 of this subchapter (relating to Non-federal Process) or § 9.35 of this subchapter (relating to Federal Process) will be negotiated in accordance with this subsection. (2) The department will enter negotiations wi…

(a) Prime provider's percentage of work. A prime provider shall perform at least 30 percent of the contracted work with its own work force, unless otherwise approved by the department. (b) Project manager replacement. The prime provider project manager may not be replaced without…

(a) Applicability. The rules in this subchapter address the manner by which the department intends to evaluate submissions received from private entities in response to requests for qualifications and requests for proposals issued by the department. (b) Reservation of rights. The…

(a) Purpose. Government Code, Chapter 2260, provides a resolution process for certain contract claims against the state. This section governs the filing, negotiation, and mediation of such a claim. (b) Definitions. The following words and terms, when used in this section, shall h…

(a) This subchapter prescribes the policies and procedures governing bidder qualification, bidding, award, and execution of a contract entered under Transportation Code, Chapter 223, Subchapters A-C. (b) As an alternative to using Transportation Code, Chapter 223, Subchapters A-C…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Advertisement--The public announcement required by law inviting bids for work to be performed or materials to be furnished. (2) Alte…

The department is required by law to monitor grantee compliance with federal and state laws. The department may impose remedies on a grantee if the department determines that the grantee has failed to comply with federal or state law, standard or special grant conditions, or cont…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Executive director--The executive director of the Texas Department of Transportation. (2) Grant --An award of funds or property in l…

(a) Request for qualifications-notice. If authorized by the commission to issue a request for qualifications for a highway project, the department will set forth the basic criteria for qualifications, experience, technical competence and ability to develop the project, and such o…

(a) Applicability. This section prescribes exclusive procedures for protests regarding: (1) allegations that the terms of a request for qualifications or request for proposals are wholly ambiguous, contrary to legal requirements applicable to the procurement, or exceed the depart…