Texas Administrative Code

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…

(a) HOME, HOME-ARP, HOME Match and TCAP RF units must use the HOME Program Income and Rent Limits that 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 Metropolit…

(a) Except for certain rural properties, Housing Tax Credit, TCAP, Exchange, and SHTF Developments must use the Multifamily Tax Subsidy Program (MTSP) income limits released by HUD, generally, on an annual basis. The MTSP limit tables include: (1) The 50% and 60% Area Median Gros…

(a) Tax Exempt Bond Developments must use the Multifamily Tax Subsidy Program (MTSP) income limits released by HUD, generally, on an annual basis. The MTSP limit tables include: (1) The 50% and 60% Area Median Gross Income (AMGI) by household size. (2) In areas where the income l…

(a) Unless otherwise defined here, terms have the meaning in § 11.1 of this title (relating to Definitions), or federal or state law. (b) Multifamily Tax Subsidy Program Imputed Income Limit--Using the income limits provided by HUD pursuant to §142(d), the imputed income limit is…

The purpose of this subchapter is to codify the income and rent limits applicable to the multifamily programs administered by the Texas Department of Housing and Community Affairs (the Department). The Department may, but is not required to, calculate and provide income and rent …

(a) Following receipt of a contractor's notice of claim, the chief administrative officer of the Finance Unit of state government or other designated representative shall review the contractor's claim and the Finance Unit's counterclaim, if any, and initiate negotiations with the…

(a) All certified seed potatoes must be graded to conform with the U.S. standard grades and sizes for seed potatoes unless a signed waiver of grade inspection has been obtained from the purchaser as outlined in subsections (d) or (g) of this section. (b) All seed potatoes must be…

(a) Each field entered for certification shall receive at least two inspections. At the discretion of the department additional inspections may be conducted on any field. Each inspection shall consist of a visual examination of the growing plants in each field. At least 100 plant…

(a) Test required. All Texas certified seed potatoes must be subjected to a post harvest test and meet prescribed standards to be eligible for re-certification. (b) Planting of samples. Due to the inability to detect certain virus diseases at all times under field conditions, sam…

Any potato cultivar or numbered clone brought in from out-of-state whose disease symptom expression resulting from infection with the ring rot bacterium (Clavibacter michiganensis subsp. Sepedonicus) or potato leafroll virus is unknown under Texas growing conditions shall be elig…

(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…

(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…

Laboratory virus testing is required as follows: Attached Graphic Notes 4 Tex. Admin. Code § 10.47 The provisions of this §10.47 adopted to be effective November 7, 2006, 31 TexReg 8983

(a) Identification requirements. Each lot of seed potatoes entered for certification shall be identified as Limited Generation, Non-Generation Certified or Experimental. Experimental seed must be accompanied by written authorization from the breeding program from which the number…

Seed identified as Non-Generation Certified (NGC) is intended to provide limited opportunity for a applicant to produce certified stocks of cultivars for which micropropagated laboratory-tested seed sources are temporarily not available. Applicants who intend to produce NGC seed …

(a) HTC properties allocated credit in 1990 and after are required under §42(h)(6) of the Code to record a LURA restricting the Development for at least 30 years. Various sections of the Code specify monitoring rules State Housing Finance Agencies must implement during the Compli…

(a) 811 PRA will be monitored for compliance with the HUD 4350.3 Handbook and HUD Notice 2013-24, as amended from time to time. (b) Compliance with 811 PRA requirements may be monitored annually throughout the term of the Participation Agreement, either through an onsite review o…

Full compliance with all applicable program requirements, including compliance with §42 of the Code, is the responsibility of the Development Owner. If the Development Owner engages a third party to address any such requirements, they are jointly and severally liable with the Dev…

(a) Subject to the limitations stated in this section, temporary suspensions of sections of this subchapter may be granted by the Executive Director if there are extenuating circumstances which make it not possible or an undue administrative burden to comply with a requirement of…

(a) Under the Code, HTC Development Owners elect a minimum set-aside requirement of 20/50 (20% of the Units restricted at the 50% income and rent limits), 40/60 (40% of the Units restricted at the 60% income and rent limits), or the average income test. (b) HTC projects must meet…

(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) A request for device approval may be denied if the device fails to meet the requirements for approval. (b) Prior approval of a device may be revoked if changes in National Highway Traffic Safety Administration model specifications are such that the device no longer meets the …

(a) A person who receives notice of the department's intention to deny an application for device approval or for vendor authorization, to suspend or revoke a vendor authorization, or to impose an administrative fine, may appeal the decision by submitting a request to appeal by ma…

(a) The department's findings following an informal hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail, to the department in the manner prov…

(a) Pursuant to Texas Occupations Code, § 53.021(a)(1) , the department may deny an application for authorization or revoke an authorization if the applicant or vendor has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of an ign…

(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The School Land Board. (2) Commissioner--The commissioner of the General Land Office. (3) GLO--The General Land…

Except as otherwise provided in § 16.1 (c) of this title (relating to Definitions and Scope), an action listed in § 16.1 (b) of this title (relating to Definitions and Scope) taken or authorized by the GLO or SLB pursuant to this chapter that may adversely affect a coastal natura…

(a) Lands and minerals subject to prospecting. See § 10.1 of this title (relating to Definitions; Exploration and Development Guide) to determine which lands and minerals are subject to prospect permit procedures. Generally, minerals other than coal, lignite, sulphur, salt, and p…

(a) Lands and minerals subject to lease. Those tracts of land and those minerals subject to prospect permit are subject to lease under this section. See § 10.1 of this title (relating to Definitions; Exploration and Development Guide). (b) Lease application requirements and proce…

(a) Lands and minerals subject to lease. Generally, coal, lignite, sulphur, salt, and potash on PSF lands and all minerals on state agency lands are subject to lease by sealed bid. See § 10.1 of this title (relating to Definitions; Exploration and Development Guide) for lands and…

(a) The comptroller shall provide a location on the comptroller's Internet website where a political subdivision may submit the financial information described in § 10.2 of this title (relating to Annual Local Debt Report Required from Political Subdivision) and any other related…

(a) A political subdivision shall annually compile and report certain financial information ("Annual Local Debt Report") in the manner prescribed by this subchapter. (b) The Annual Local Debt Report to be compiled and reported by a political subdivision must include the following…

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 is entitled to rely on the mailing and electronic mail address currently on file for all purposes relating to notification. The failure to maintain a current mailing address and an electronic mail address with the department is not a defense to any action based…

(a) Prior to submission of the request for approval, the device model must be tested for compliance with model specifications for breath alcohol ignition interlock devices established by the National Highway Traffic Safety Administration (NHTSA) at one or more independent laborat…

In addition to the requirements under this subchapter, the requirements of Insurance Code Chapter 4201, concerning Utilization Review Agents, apply to utilization review conducted in relation to a workers' compensation health care network. In the event Chapter 4201 conflicts with…

(a) Requirements for independent review of an adverse determination are governed by Insurance Code Chapter 1305, concerning Workers' Compensation Health Care Networks, and department and Division of Workers' Compensation rules, including Chapter 10, Subchapter F, of this title (r…

(a) Screening criteria used for utilization review related to a workers' compensation health care network must be consistent with the network's treatment guidelines, return-to-work guidelines, and individual treatment protocols. (b) The carrier's utilization review program must i…

Each network must establish and maintain telephone access logs for calls received other than during regular business hours that accurately record the following: (1) the date the network received the telephone call; (2) detailed information necessary for the network to respond to …

(a) Selection of treating doctor. An injured employee who lives within the service area is entitled to the employee's initial choice of a treating doctor from the list provided by the network of all treating doctors under contract with the network who provide services within the …

In addition to the duties and requirements placed upon treating doctors under Insurance Code Chapter 1305, concerning Workers' Compensation Health Care Networks, and this chapter, a doctor designated as a treating doctor by a network must comply with Labor Code §§ 408.0041(c) and…

(a) Each network must adopt treatment guidelines, return-to-work guidelines, and individual treatment protocols, which must be evidence-based, scientifically valid, outcome-focused, and be designed to reduce inappropriate or unnecessary health care while safeguarding access to ne…

(a) Networks must have a documented process for selection and retention of preferred providers sufficient to ensure that preferred providers are adequately credentialed. At a minimum, a network's credentialing standards must meet the standards promulgated by the National Committe…