Texas Administrative Code

It shall be unlawful to sell, offer for sale, or expose for sale any agricultural or vegetable seed for planting purposes in Texas containing noxious weed seed in excess of the following limitations per pound. (1) Prohibited noxious weed seeds are: Attached Graphic (2) Restricted…

(a) If any one kind or kind and variety of seed present in excess of 5.0% is hybrid seed, it shall be designated hybrid on the label. The percentage that is hybrid shall be at least 95% of the percentage of pure seed shown unless the percentage of pure seed which is hybrid is sho…

(a) No defects identified. If no defects are identified by the comptroller or by the appraisal district under § 9.4206 (a)(2)(E) of this title, the comptroller shall notify the appraisal district and the property owner or the property owner's agent that the request for binding ar…

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. …

Unless otherwise required by law, the comptroller may require forms, notices and other documents to be submitted electronically (including via web form). Notes 34 Tex. Admin. Code § 9.5012 Adopted by Texas Register, Volume 49, Number 02, January 12, 2024, TexReg 134 , eff. 1/16/2…

To comply with Government Code, § 403.619 , both applicant and applicable school district must disclose any potential conflicts of interest related to a submitted application or an agreement, as mandated by state and federal laws, before executing the same agreement. Notes 34 Tex…

(a) Each agreement holder must submit information for the report described in Government Code, § 403.617(b) , in the form and manner prescribed by the comptroller. (b) Not later than December 1 of each even year, the comptroller may electronically submit the report under Governme…

(a) An agreement holder may propose to modify the beginning and ending dates of the incentive period. Notice of the proposed modification must be provided to the comptroller, the governor, and the applicable school district not later than the 90th day before the first day of the …

(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) Forfeiture for failure to drill an offset well. (1) Duty. See § 9.37 of this title, (relating to Offset Well Obligations & Compensatory Royalties) for a full discussion of the duty to drill offset wells. (2) Subject to forfeiture. A lease is subject to forfeiture if there is …

(a) Causes. The circumstances under which a state oil and gas lease will terminate are determined by certain provisions in each lease and by the laws of the state. (b) Procedure. (1) Termination occurs automatically whenever a condition of a lease, as defined by the lease and the…

(a) Assignment of a state oil and gas lease. All or part of a state oil and gas leasehold interest may be assigned at any time, except as prohibited by statute, administrative rule, or common law. All assignments, including assignments of overriding royalty interests on Relinquis…

(a) Release of a state oil and gas lease. (1) Availability. All or part of a state oil and gas leasehold interest may be released to the state by its lessee at any time. See also Texas Natural Resources Code, § 52.027 . (2) Procedure. A release is effectuated only by complete com…

(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 …

Amateur radio operators are often needed to assist in communications in an emergency. There was no mechanism to allow state employees who are amateur radio operators to take paid leave in order to assist in disaster response operations as there is for other needed state employees…

(a) Individuals wishing to apply for membership eligibility may register at the TDEM Website: www.txdps.state.tx.us/dem. (b) Entries must be legibly written in pen or must be typed. (c) A copy of the individual's current FCC license must be attached to the completed application. …

Pursuant to Code of Federal Regulations, Title 47, §97.407, the FCC requires that all amateur radio operators be certified by the emergency management organization the individual supports. The Assistant Director of TDEM is the certifying official for the program. Certification wi…

A state employee who is a member of the program may be granted leave not to exceed a maximum of 10 days per fiscal year to participate in specialized disaster relief services without a deduction in salary or loss of vacation time, sick leave, earned overtime credit, or state comp…

If a member does not actively participate in the program or the member's conduct does not reflect positively upon the program, the member will be removed from the program for just cause. The SRO or the member's supervisor, as applicable will provide documentation detailing the la…

(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 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 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) 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) 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) 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…

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) Inclusion in the registry. To qualify for inclusion in the registry of arbitrators and continue to be included in the registry, an individual must meet the requirements of this section. (b) Residency requirement. (1) An individual must reside in the state of Texas. An individ…

(a) Amount of arbitrator fee. The arbitrator fee for RBA shall not exceed the applicable amount specified in Tax Code, § 41A.06(b)(4) . (b) Processing of arbitrator fees. Payment of arbitrator fees shall be processed in accordance with § 9.4209 of this title and as follows: (1) I…

The chief appraiser shall correct the appraised or market value, as applicable, of the property as shown on the appraisal roll to reflect the RBA award only where the arbitrator's value is lower than the value determined by the ARB. Notes 34 Tex. Admin. Code § 9.4246 Adopted by T…

(a) Questions of jurisdiction. In all arbitrations, the arbitrator shall first determine any questions of jurisdiction. (b) Arbitrator's determination. If jurisdiction exists, the arbitrator shall determine the appraised or market value of the property that is the subject of the …

(a) Reasons for dismissal. For requests for RBA filed under Tax Code, § 41A.01 , the arbitrator shall dismiss with prejudice a pending request for RBA for lack of jurisdiction, if: (1) except as allowed by Tax Code, § 41A.10 , taxes on the property subject to the appeal are delin…

(a) Notice of withdrawal. A property owner or the property owner's agent using the online arbitration system under § 9.4204 (a) of this title must withdraw a request for binding arbitration using the online arbitration system. A property owner or the property owner's agent using …

(a) Appraisal district responsibilities. (1) If a request for RBA is filed before the later of January 1, 2024, or the first day the comptroller makes the online arbitration system available, within 10 calendar days of receipt of each request for binding arbitration under Tax Cod…

(a) Professional qualifications. Property owners may represent themselves or choose to be represented by an agent. An agent must hold a current and active license, certification, or registration in one of the following fields: (1) an attorney licensed to practice in Texas; (2) a …

(a) Electronic filing. (1) This subsection applies to requests for binding arbitration filed on or after the later of January 1, 2024, or the first day the comptroller makes the online arbitration system available for the administration of the binding arbitration program. Request…

Adoption of the Manual for the Appraisal of Timberland. This manual sets out both the eligibility requirements for timberland to qualify for productivity appraisal and the methodology for appraising qualified timberland and restricted use timberland. Appraisal districts are requi…

Adoption of the "Guidelines for the Valuation of Public Access Airport Property." These guidelines specify the methods to apply and the procedures to use in appraising property that qualifies for special appraisal as public access airport property. Appraisal districts are require…

Adoption of the "Guidelines for the Appraisal of Recreational, Park, and Scenic Land." These guidelines specify the methods to apply and the procedures to use in appraising land that qualifies for special appraisal as recreational, park, and scenic land. Appraisal districts are r…

The value of railroad stock will be allocated to this state in the proportion of the total market value of the rolling stock that fairly reflects its uses in this state during the preceding tax year by ascertaining the average number of cars found to be habitually within the bord…

Adoption of the "Manual for the Appraisal of Agricultural Land." This manual specifies the methods to apply and the procedures to use in qualifying and appraising land used for agriculture and open-space land under Tax Code, Chapter 23, Subchapters C and D. Appraisal districts ar…

(a) All offices collecting taxes for purposes of ad valorem taxation shall prepare and make available forms for use by taxpayers in applying for a tax refund for an overpayment or erroneous payment of taxes, as provided in Texas Property Tax Code, § 31.11 . (b) The tax refund for…

(a) All offices assessing and collecting taxes for purposes of ad valorem taxation shall prepare and issue current, delinquent, and special valuation rollback tax bills or statements, as applicable and required by the Tax Code. (b) Current tax bills or statements shall be prepare…

(a) Notice of explanation to accompany all application forms for exemptions that must be applied for annually. (1) Before February 1 of each year, the chief appraiser shall deliver an appropriate exemption application form to each person who in the preceding year was allowed an e…