Texas Administrative Code

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

In the event there are Competitive HTC Applications that receive the same number of points in any given set-aside category, rural regional allocation or urban regional allocation, or rural or statewide collapse, the Department will utilize the factors in this section, in the orde…

(a) No schedule of charges, formula, or method for calculating the schedule of charges may be used until a copy of the formula or method for calculating the schedule of charges with supporting documentation has been filed with the commissioner, as required by § 11.703 of this tit…

(a) General Submission Requirements. The pre-application process allows Applicants interested in pursuing an Application to assess potential competition across the 13 state service regions, subregions, and (b) of this section. (1) The pre-application must be submitted using the U…

(a) General Information. This section identifies the scoring criteria used in evaluating and ranking Applications. The criteria identified in subsections (b) - (e) of this section include those items required under Tex. Gov't Code, Chapter 2306, Code §42, and other criteria estab…

Any unpaid fees, as stated in this section, will cause an Applicant to be ineligible to apply for Department funding, ineligible to receive additional Department funding associated with a Commitment, Determination Notice or Contract, and ineligible to submit extension requests, o…

(a) Physician and provider contracts, subcontracts, and arrangements must include provisions regarding a hold-harmless clause as described in Insurance Code § 843.361, concerning Enrollees Held Harmless.(1) A hold-harmless clause is a provision in a physician or health care provi…

(a) For Competitive HTC Applications, an Applicant or Development Owner may appeal decisions made by the Department pursuant to Tex. Gov't Code § 2306.0321 and § 2306.6715 using the process identified in this section. For Tax-Exempt Bond Developments and Direct Loan Developments …

Any Applicant, Development Owner, or other Person that fails to adhere to its obligations with regard to the programs of the Department, whether contractual or otherwise, made false or misleading representations to the Department with regard to an Application, request for funding…

In accordance with Tex. Gov't Code § 2306.082, it is the Department's policy to encourage the use of appropriate ADR procedures under the Governmental Dispute Resolution Act, Tex. Gov't Code, Chapter 2010, to assist in resolving disputes under the Department's jurisdiction, as pr…

(a) A Commitment or Determination Notice shall not be issued with respect to any Development for an unnecessary amount in accordance with §42(m)(2)(A) or where the cost for the total development, acquisition, construction or rehabilitation exceeds the limitations established by t…

(a) Commitment. For Competitive HTC Developments, the Department shall issue a Commitment to the Development Owner which shall confirm that the Board has approved the Application and state the Department's commitment to make a Housing Credit Allocation to the Development Owner in…

Carryover (Competitive HTC Only). All Developments that received a Commitment, and will not be placed in service and receive IRS Form(s) 8609 in the year the Commitment was issued, must submit the Carryover documentation, in the form prescribed by the Department in the Carryover …

(a) The commission adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B (relating to Historically Underutilized Business Program). These rules were promulgated by the Texas Comptroller of Public Accounts under Texas …

(a) In the event of a vacancy in any elective office of the commission, an election shall be held at the next commission meeting, except the first commission meeting of odd-numbered years, to fill such vacancy. (b) The chair shall call for nominations from the floor. After all no…

(a) The chair shall perform such duties as are properly required of him or her by the commission. He or she shall preside at all meetings. He or she shall have general supervision of the affairs of the commission, and shall have authority to interpret and carry out all policies e…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--Texas Historical Commission. (2) Commission brands--The Commission's trademarks, logos, name, seal, and other intellectu…

(a) A for-profit entity will not be designated as an OCS: (1) if there is a reasonable possibility of a conflict of interest between the Commission and the business entity, or if the designation would create the appearance of a conflict of interest. Business entities that have co…

(a) Each OCS shall enter an agreement with the Commission regarding the terms, conditions, restrictions, benefits, roles and responsibilities of the Commission and the OCS and the scope of the OCS designation. Where a donation will be made to an affiliated non-profit entity, that…

In case the commission determines that a material error is made in the notice of an application for a permit or notice of a public hearing, or that a material change is made in an application after notice has been issued, the commission shall cause revised notice to be issued. If…

(a) A permittee may request the transfer of its uranium exploration permit by filing with the division a completed Form SMRD-5U (Application to Transfer a Uranium Exploration Permit) and paying the Commission the applicable fee or fees as required by § 11.136 of this title (relat…

(a) A permittee shall apply for a permit renewal by filing with the division a completed Form SMRD-3U (Application to Conduct Uranium Exploration Activities by Drilling) at least 30 days prior to the expiration of the permit term and paying the Commission the applicable fee or fe…

In addition to the definitions set forth in 21 CFR Part 112 , the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Anniversary Date--The last day following two years from the issuance of a…

(a) A permittee may revise a uranium exploration permit by filing with the division a completed Form SMRD-3U (Application to Conduct Uranium Exploration Activities by Drilling) no later than 30 days prior to the proposed revision implementation date and paying the Commission the …

(a) Initial uranium exploration permit fee. Each applicant for a uranium exploration permit shall pay to the Commission a uranium exploration permit fee consisting of: (1) a permit-application filing fee of $5,500, to be submitted with the application; and (2) an amount equal to …

If there has been no public hearing held pursuant to § 11.34 of this title (relating to Public Hearing), except in the instance of an application to revise a permit, the commission shall notify the applicant and any objectors within 45 days after the last publication of the notic…

(a) The commission may use state funds to provide education and training for its employees in accordance with the State Employees Training Act. (b) The education or training shall be related to the employee's current position or prospective job duties within the commission. (c) T…

A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state. (1) Th…

(a) Any interested person may petition for the adoption, amendment, or repeal of a rule to the commission's Executive Director. (b) A petition under this section must be in writing and contain the following minimum requirements: (1) It must specify or otherwise make clear that th…

(a) At the last quarterly meeting of even-numbered years, the chair shall appoint three people to serve on a nominating committee, and shall also appoint a chair of that committee. The positions available for nomination shall be the vice chair and secretary. (b) The nominating co…

The surface mining permit shall be granted if it is established that the application complies with the requirements of this chapter and all applicable federal and state laws. The commission may approve a surface mining permit conditioned upon the approval of all other state permi…

(a) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to these rules shall be made without the written approval of the commission. Any person desiring to succeed to the interests of a permittee hereunder must file an application on a form pre…

(a) Any valid surface mining permit issued pursuant to these rules shall carry with it the right of successive renewal on expiration with respect to areas within the boundaries of the existing permit. The holder of such permit may apply for renewal not later than 90 days prior to…

The applicant shall have the right to proceed with activities covered by the application immediately upon submitting the certificates, bond (or other substitute collateral), approved application fee required in § 11.95 of this title (relating to Surface Mining Bonding, Insurance,…

Within 30 days following the date of receipt by the commission of the petition to declare lands unsuitable for surface mining or to modify or terminate the designation, the commission shall determine the completeness and validity of the petition and notify the petitioner of the r…

Upon application for a surface mining permit covering an area for which a complete and valid petition to declare lands unsuitable for surface mining has been filed, the commission shall hold a hearing to consider the petition, in accordance with the notice requirements of § 11.34…

No petition shall be accepted which covers lands for which notice of the filing of an application for a surface mining permit has been published pursuant to § 11.31 of this title (relating to Public Notice). Notes 16 Tex. Admin. Code § 11.164 The provisions of this §11.164 adopte…

When an application is made to conduct a surface mining operation, the commission shall immediately cause the areas proposed to be included within the proposed permit to be surveyed prior to the issuance of a permit. Following the survey and/or hearing where one is warranted, the…

Within 10 days following receipt of an application for a surface mining permit covering an area on which a designation of unsuitability for surface mining has been made by the commission, the commission shall provide to the applicant a copy of such determination. Applicant may th…

At the time of submission of an application for a surface mining permit, renewal, or transfer of an existing permit, or for release of all or part of a performance bond or deposit, the applicant shall publish notice of the ownership, location, and boundaries of the permit area su…

Any person affected or any federal, state, or local governmental agency or authority shall have the right to file written objections to the application for a surface mining permit or for the renewal, revision, or transfer of such a permit, or for release of all or part of the per…

Within 45 days after the last publication of the notice referred to in § 11.31 of this title (relating to Public Notice), the commission shall determine considering any objections which have been filed, if the application is of significance sufficient to warrant a public hearing.…

Each limited service HMO evidence of coverage providing coverage for mental health and chemical dependency services and benefits must: (1) cover, in compliance with the limited service HMO's standards of medical necessity, court-ordered mental health and chemical dependency treat…