Texas Administrative Code

(a) The department may deny an application for vendor authorization if: (1) The applicant attempts to obtain an authorization by means of fraud, misrepresentation, or concealment of a material fact; (2) The applicant's prior authorization has been revoked and the basis for the re…

The following phrases, words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Affidavit of financial dormancy--The affidavit described by Water Code, § 49.197 , that may be submitted by a district under…

(a) The department may reprimand, suspend, or revoke an authorization if the vendor: (1) Fails to submit the required reports to the department pursuant to § 10.12 of this title (relating to Vendor Standards); (2) Willfully or knowingly submits false, inaccurate, or incomplete in…

For the purposes of this chapter, an act of or omission by a person on behalf of an entity that seriously and directly affects the entity's responsibility to the department is considered to be an act or omission of the entity. Notes 43 Tex. Admin. Code § 10.4 The provisions of th…

Vendors shall comply with the standards detailed in this section: (1) Perform a visual inspection of the device and the vehicle in which it is installed to ensure that no tampering or circumvention has occurred. Evidence of tampering with an IID shall be reported to the judicial …

(a) Except as provided by subsection (b) of this section, a benefit, for the purposes of this chapter, is anything that is reasonably regarded as financial gain or financial advantage, including a benefit to another person in whose welfare the beneficiary has a direct and substan…

(a) Various sections of this title require an entity to adopt and enforce an internal ethics and compliance program. To comply with that requirement, the entity must certify to the department that the entity: (1) has adopted an internal ethics and compliance program that: (A) is …

(a) For the purposes of this chapter, a conflict of interest is a circumstance arising out of existing or past activities, business interests, contractual relationships, or organizational structure of an entity, in which: (1) the entity is or may be unable to give impartial assis…

The executive director may delegate any authority provided to the executive director under this chapter, unless otherwise provided, to the deputy executive director of the department. Notes 43 Tex. Admin. Code § 10.7 The provisions of this §10.7 adopted to be effective January 6,…

The minimum breath sampling size of an IID may be reduced to 1.2 liters for a device user with diminished lung capacity. Diminished capacity may be established through documentation from the appropriate judicial authority, advising of the necessity for the lower breath volume req…

(a) To ensure compliance with the standards and procedures provided in this chapter and in the Act, the department will conduct an initial inspection at the department's discretion, prior to or following the issuance of the authorization and on an annual basis. (b) The inspection…

(a) If a Development's LURA or application requires the material participation of a non-profit or Historically Underutilized Business (HUB), the Department will confirm whether this requirement is being met. Owners are required to maintain sufficient documentation to evidence tha…

(a) If a Development's LURA or application requires the provision of social services, the Department will confirm this requirement is being met in accordance with the LURA or application. Owners are required to maintain sufficient documentation to evidence that services are actua…

(a) The Department may perform an onsite monitoring review, a mail in desk review and physical inspection of any Development, and review and photocopy all documents and records supporting compliance with Departmental programs through the end of the Compliance Period or the end of…

Affirmative Marketing Requirements are a requirement of the Department on monitored Developments as provided for in more specificity at § 10.801 of this chapter (relating to Affirmative Marketing Requirements). Notes 10 Tex. Admin. Code § 10.617 The provisions of this §10.617 ado…

(a) The requirements and restrictions regarding household transfers for HTC, Exchange, and TCAP Developments are based on whether the tax credit project is 100% low-income or mixed income and if the Owner elected to treat buildings in the project as part of a multiple building pr…

(a) Under the Code, HTC Development Owners may elect 20% of the Units restricted at the 50% income and rent limits (20/50), 40% of the Units restricted at the 60% income and rent limits (40/60) or the average income minimum set aside. Many Developments have additional income and …

(a) Applications must be made on forms obtained from the Seed Quality Program. The application fee must be submitted along with specific acreage inspection fees. The acreage inspection fee will be refunded if the application is canceled in time to save an inspector making a trip …

If, following the submission of corrective action documentation, Compliance staff continues to find the Owner in noncompliance, the Owner may request or initiate review of the matter using the following options, where applicable: (1) If the issue is related to the inclusion or ex…

(a) Even when an Event of Noncompliance is corrected, the Department is required to file IRS Form 8823 with the IRS. When required, IRS Form 8823 generally will be filed not later than 45 days after the end of the correction period specified in the Notice to Owner (including any …

(a) The Department will provide written notice to the Owner if the Department does not receive the Annual Owner Compliance Report (AOCR) timely or if the Department discovers through monitoring, audit, inspection, review, or any other manner that the Development is not in complia…

(a) Annual Income for a household occupying a Restricted Unit shall be determined consistent with the Section 8 Program administered by the U.S. Department of Housing and Urban Development (HUD), using the definitions of annual income described in 24 CFR § 5.609 as further descri…

(a) The Auditor must use the Department's Public Facility Corporation monitoring forms made available on the website. The review performed by the Auditor may be completed either onsite or electronically. Original records must be made available to the Auditor. The file sample used…

The following reporting requirements apply to all Developments owned by a Public Facility Corporation (PFC), subject to Sections 303.0421 and 303.0425 of the Texas Local Government Code, and not eligible under Section 10(b) or (c) of House Bill 2071, 88th Texas Legislative Sessio…

The capitalized terms or phrases used herein are defined in the title. Any other capitalized terms in the subchapter shall have the meaning defined in Chapter 2306 of the Texas Government Code, Chapter 303, Texas Local Government Code,, and other state or Department rules, as app…

The purpose of Chapter 10, Subchapter I is to: (1) Establish rules governing Developments owned or sponsored by a Public Facility Corporation (PFC) that are subject to Sections 303.0421 and 303.0425 of the Texas Local Government Code. (2) Enable the Department to communicate with…

(a) The Emergency Rental Assistance Developments (ERA) must use the Section 8 income limits released by HUD, generally, on an annual basis. The Section 8 limit tables include the 30% and 50% by household size. (b) The Land Use Restriction Agreement (LURA), for Emergency Rental As…

(a) The 30% National Housing Trust Fund Income and Rent Limits are calculated annually by HUD's Office of Policy Development and Research (PDR). The limits are made available for each Metropolitan Statistical Areas (MSA), Primary Metropolitan Statistical Areas (PMSA) and Area, Di…

Upon approval of the commission, the executive director may establish tuition charges for persons who attend training programs under § 10.1 (3) of this title (relating to Training Programs) to recover costs of the training. Notes 1 Tex. Admin. Code § 10.3 The provisions of this §…

(a) A Finance Unit of state government asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return rec…

The parties shall negotiate in accordance with the timetable set forth in § 10.8 of this subchapter (relating to Timetable) to attempt to resolve all claims and counterclaims filed under this subchapter. No party is obligated to settle with the other party as a result of the nego…

(a) A contractor asserting a claim of breach of contract under the Government Code, Chapter 2260, shall file notice of the claim as provided by this section. (b) The notice of claim shall: (1) be in writing and signed by the contractor or the contractor's authorized representativ…

The parties may agree to mediate a claim through an impartial third party. For purposes of this subchapter, "mediation" is assigned the meaning set forth in the Civil Practice and Remedies Code, § 154.023 . The mediation is subject to the provisions of the Governmental Dispute Re…

(a) If a claim of breach of contract is not resolved in its entirety through negotiation or mediation in accordance with this subchapter on or before the 270th day after the Finance Unit of state government receives the notice of claim, or after the expiration of any extension ag…

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs or fees for attorneys, consultants and experts. Notes 7 Tex. Admin. Code § 10.12 The provisions of this §10.12…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the Finance Unit of state government who have authority …

The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement and w…

This subchapter governs the negotiation and mediation of a claim of breach of contract asserted by a contractor against a Finance Unit of state government, under Government Code, Chapter 2260. Notes 7 Tex. Admin. Code § 10.1 The provisions of this §10.1 adopted to be effective No…

The following chart designates the date of application and time of field inspection for various crop kinds, as required for seed certification. Attached Graphic Notes 4 Tex. Admin. Code § 10.12 The provisions of this §10.12 adopted to be effective September 2, 1996, 21 TexReg 795…

The following chart designates fees per acre for various crop kinds as required for seed certification. Attached Graphic Notes 4 Tex. Admin. Code § 10.13 The provisions of this §10.13 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective June 3, 1997,…

The following chart details the minimum amount of seed required for laboratory analysis. Attached Graphic Notes 4 Tex. Admin. Code § 10.14 The provisions of this §10.14 adopted to be effective September 2, 1996, 21 TexReg 7955; amended to be effective February 28, 2002, 27 TexReg…

The Genetic Seed Certification Chart and footnotes are adopted by reference by the State Seed and Plant Board for the purpose of seed certification for genetic identity only. Copies may be obtained from the Texas Department of Agriculture, Seed Quality Program, P.O. Box 629, Gidd…

(a) Alfalfa. (1) The region of adaptation for seed production of a given variety shall be that recommended by the originating plant breeder. This shall meet the requirements of the National Certified Alfalfa Variety Review Board. When a variety is grown within its designated regi…

(a) To be eligible for certification, all classes of planting stock at the time of bulk distribution or shipping shall conform to the following standards. Attached Graphic (b) General requirements. (1) Constant care and grower supervision must be maintained throughout harvesting,…

(a) The general requirements, as adopted by the State Seed and Plant Board are basic, and together with the following specific standards constitute the standards for certification of forest reproductive material. Forest reproduction material will include seed, seedlings, and prop…

(a) An applicant for licensing as a "Registered Plant Breeder" or a "Certified Seed Grower" as provided in the Act, shall be a person, firm, or corporation of good character and have a reputation for honesty, competency and fair dealing. All applicants for a license shall pay a f…

(a) Handling the crop prior to inspection. (1) Fees. The inspection fee as shown in Table I is required to be paid for each nursery site. (2) Applications. All applications for inspection of forest tree seedlings must be filed with the Seed Quality Program at least 30 days before…