Texas Administrative Code

(a) A DBE certification complaint may be filed directly with the U.S. Department of Transportation or with the department if the department is the TUCP member that certified or denied certification to the entity at issue. The complaint must be in writing and filed within 180 days…

The department has implemented a DBE technical assistance and supportive services program to provide firms resources needed to bid and participate in highway construction contracts. Notes 43 Tex. Admin. Code § 9.241 The provisions of this §9.241 adopted to be effective September …

(a) The department is a member of the Texas Unified Certification Program (TUCP), established by a memorandum of agreement approved by DOT and affective February 7, 2012. (b) The TUCP is responsible for all of the certification of DBEs in the state. (c) An application for DBE cer…

(a) If information is required to be forwarded to a Performance Review Committee under § 9.23 of this subchapter (relating to Evaluation and Monitoring of Contract Performance) or if a contractor, including a contractor on a materials contract, has defaulted, the deputy executive…

If the department proposes significant changes to a DBE program that has been approved by an OA, the department will submit those changes to the OA for approval. Notes 43 Tex. Admin. Code § 9.239 The provisions of this §9.239 adopted to be effective September 1, 2012, 37 TexReg 5…

(a) A contractor may request an administrative reconsideration of the determination made under § 9.237 of this subchapter (relating to Determination of Noncompliance; Sanctions), including any sanctions imposed, within 30 days after the date that the notice of the determination i…

(a) Each bidder must submit to the department within the period provided by § 9.17 (i) of this chapter (relating to Award of Contract): (1) the names and addresses of each subcontractor, identifying DBEs that will participate in the contract; (2) a description of the work that ea…

If a DBE contract goal has been established, the department will award the contract only to a bidder that makes good faith efforts to meet the goal as described in 49 C.F.R. Part 26 , Appendix A. Notes 43 Tex. Admin. Code § 9.226 The provisions of this §9.226 adopted to be effect…

In a year in which the department projects the use of contract goals, the department will maintain data separately on DBE achievements in the contracts with contract goals and contracts without contract goals. The data will be reported to the appropriate OA under § 9.236 of this …

If the department obtains, through the use of contract goals, DBE participation that exceeds the overall goal in two consecutive years, the department in the following year will reduce the use of contract goals by the percentage that the overall goals were exceeded during that tw…

The department will not set contract goals in a year: (1) in which the department projects that it will meet its overall goal using race-neutral means; or (2) if for the two years preceding that year the department has met or exceeded its overall goal using only race-neutral mean…

(a) If the department determines that the overall goal will be exceeded, the department will reduce or eliminate the use of contract goals for the remainder of the fiscal year to the extent necessary to ensure that the use of contract goals does not result in exceeding the overal…

(a) The department will establish contract goals for DOT-assisted contracts that have subcontracting possibilities to meet any part of the department's overall goal that the department does not project being met using race-neutral means. The department will determine which of tho…

(a) The department will meet as much of its overall goal as feasible by using race-neutral means of facilitating DBE participation. (b) Race-neutral means include: (1) arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules …

(a) In accordance with Transportation Code, § 223.012 , the department will develop a schedule for liquidated damages that accurately reflects the costs, including administrative costs to the department and road user costs, that result from delays in the completion of a project r…

(a) The department will request the approval of the appropriate OA for an interim goal or goal-setting mechanism if the department needs additional time to collect data or take other steps to develop an approach to setting overall goals. (b) A goal-setting mechanism must: (1) ref…

(a) Prior approval of the department's overall DBE goal by the OA is not required. (b) The OA may adjust the overall goal or require that the department adjust the overall goal if the OA determines that: (1) the overall goal has not been calculated correctly; or (2) the departmen…

Silver Alert Network activations and deactivations are made according to the procedures specified in the current Silver Alert standard operating guidelines. Notes 37 Tex. Admin. Code § 9.34 The provisions of this §9.34 adopted to be effective October 28, 2007, 32 TexReg 7490; Ame…

(a) The Endangered Missing Persons Alert Network (the network) was developed as a statewide emergency response system for those missing persons with an intellectual disability. The network is designed to be activated when the disappearance of a missing person with a diagnosed int…

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

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

Endangered Missing Persons Alert Network activations and deactivations are made according to the procedures specified in the current Endangered Missing Persons Alert standard operating guidelines. Notes 37 Tex. Admin. Code § 9.44 The provisions of this §9.44 adopted to be effecti…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context shall clearly indicate otherwise. (1) Department--Texas Department of Public Safety. (2) FCC--Federal Communications Commission. (3) Program--The State's Amateur Rad…

(a) The Camo Alert Network is a statewide emergency response system for registered missing military members, whose whereabouts are unknown, who have registered for the network, and suffer from a mental illness, including post-traumatic stress disorder or a traumatic brain injury.…

The terms in this section have the following meanings when used in this subchapter unless the context clearly indicates otherwise: (1) Mental illness--A mental condition or disorder as defined by the current version of the Diagnostic and Statistical Manual as a clinically signifi…

A local law enforcement agency with jurisdiction over the investigation of a missing person requests activation by submitting the DPS form, available on the DPS website. A local law enforcement agency may submit the form after it has verified the facts of the case meet the alert …

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…

Camo Alert Network activations and deactivations are made according to the procedures specified in the current Camo Alert standard operating guidelines. Notes 37 Tex. Admin. Code § 9.95 Adopted by Texas Register, Volume 45, Number 50, December 11, 2020, TexReg 8869 , eff. 12/14/2…

(a) This subchapter establishes policies and procedures related to the department's Disadvantaged Business Enterprise (DBE) program in compliance with Transportation Code, § 201.702 , and Title 49, Code of Federal Regulations, Part 26, and consistent, to the extent possible, with…

(a) Authority. A contract under this subchapter may provide for partial payments. (b) Trust agreement. At the request of a contractor and with the approval of the department and the comptroller of public accounts, any amount retained may be deposited under the terms of a trust ag…

(a) Purpose. In accordance with Transportation Code, Chapter 223, Subchapter C, in a highway emergency, the department in accordance with rules adopted by the commission is authorized to award certain contracts. This section provides for an alternate procedure for the expedited a…

(a) Contract execution. (1) Except as provided in paragraphs (2) and (3) of this subsection, within 15 days after the bidder receives written notification of the award of a contract, the bidder must execute and furnish to the department the contract with: (A) a performance bond a…

(a) Official bid amount. Except for lump sum building contract bid items, the official total bid amount for each bidder will be determined by multiplying the unit bid price written in for each item by the respective quantity and totaling those amounts. (b) Department interpretati…

(a) Purpose. This section prescribes ethical standards of conduct applicable to private entities, including consultants and subconsultants, participating in the department's design-build program. A private entity's failure to comply with these standards of conduct may result in t…

(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…

(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) Obligation to drill an offset well. An offset well must be drilled on state property under the terms of this section whenever an encroaching well is completed unless one of the following conditions applies: lessee has properly pooled the state property with the property conta…

(a) During the primary term. If lessee completes a shut-in well during the primary term, lessee may hold the lease by resuming delay rental payments. See § 9.34 (b)(1)(2) of this title, (relating to Drilling and Reworking Operations). (b) After the primary term has expired. (1) W…

(a) General provisions applicable to producing oil and/or gas on state leases. (1) The GLO will treat a well as non-producing if no RRC production reports are filed for that well or if reports showing zero production are filed with the RRC for that well. (2) All wells producing n…

(a) Requirement of Diligence. Any drilling operation or reworking operation will be conducted with reasonable diligence, in good faith and in a prudent, workmanlike manner. (b) Drilling to well completion during the primary term. (1) If a dry hole or shut-in well is completed wit…

(a) Effect of payment/non-payment of delay rentals. When delay rentals are properly paid on or before a lease anniversary date, lessee shall retain the rights granted under the lease and may postpone the commencement of drilling operations or production of oil or gas for a period…

(a) Purpose and Scope. This section sets out some of the general responsibilities which lessees on properties leased under this chapter owe the state. Operations on state lands are subject to all applicable state and federal laws and regulations. The provisions of this chapter do…

(a) Applicability of this Subchapter. (1) Section 9.32 of this title, (relating to General Responsibilities of State Lessees) applies to all state leases covering lands described in § 9.21 (1)-(5) of this title, (relating to Leasing Guide). (2) Those rule provisions in this subch…

State property will be leased for the exploration and development of oil and gas under these procedures. (1) Sealed bid leasing by the SLB. (A) Lands affected. See § 9.21 of this title, (relating to Leasing Guide) to determine which lands are leased by sealed bid. Generally, this…

(a) Scope of this chapter. Unless expressly limited or expanded elsewhere in this chapter, this chapter shall apply to all lands specified in § 9.21 (1) - (5) of this title, (relating to Leasing Guide). Those lands specified in §9.21(6) are governed by the statutes and rules refe…

(a) General rule of application. The rules in this section shall apply to lands described in § 9.21 (1)(2)(3)(a) and (4) of this title (relating to Leasing Guide). (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Assignment--A transfer of an interest in an oil and gas lease. (2) Commissioner--Commissioner of the General Land Office. (3) Counterpa…