Texas Administrative Code

The sections under this subchapter prescribe the policies and procedures for the implementation and administration of the Transportation Alternatives Program (TAP), as authorized by 23 U. S. C. § 213 . Notes 43 Tex. Admin. Code § 11.300 Adopted by Texas Register, Volume 39, Numbe…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--Texas Transportation Commission. (2) Department--Texas Department of Transportation. (3) Executive director--The executi…

(a) The state is required to suballocate, in accordance with 23 U.S.C. § 213 , a part of its TAP apportionment to urbanized areas with populations over 200,000. (b) Each MPO serving an urbanized area with a population over 200,000 shall implement the TAP for the award of funds su…

(a) This section applies only to an MPO serving an urbanized area with a population over 200,000 and the award of TAP funds suballocated for such an urbanized area. (b) The MPO, in consultation with the department, shall develop a competitive process to allow project sponsors to …

(a) During a program call administered by the department, TAP funds may be awarded for any of the following activities: (1) construction of on-road and off-road trail facilities for pedestrians, bicyclists, and other non-motorized forms of transportation, including sidewalks, bic…

(a) The department will submit all requests for reimbursement of allowable costs to FHWA. (b) A project sponsor must use the forms and procedures specified by the department to request reimbursement of allowable costs incurred. (c) For locally administered projects, the entire pr…

(a) A project will be eliminated from participation in the TAP if at any time prior to the execution of the local agreement, the governing body of a municipality or county in which project activities are proposed, by resolution, order, or other official action, notifies the depar…

(a) If at any time legislative action requires transfer of the project to another entity, the department may terminate the existing project agreement and execute an agreement with the responsible entity. (b) A transfer under subsection (a) of this section must receive approval fr…

(a) A project selected by the commission shall be maintained and operated for the purpose for which it was approved and funded and for a period of time that is commensurate with the amount of federal investment in the project. (b) A project selected by the commission shall be ded…

The sections under this subchapter prescribe the policies and procedures for the implementation and administration of the Transportation Alternatives Set-Aside Program (TA Set-Aside Program), as authorized by 23 U.S.C. § 133(h) . Notes 43 Tex. Admin. Code § 11.400 Adopted by Texa…

(a) The department will by certified mail, return receipt requested, notify the project sponsor of ineligible activities proposed and the reason for the determination. (b) A request for reconsideration of a finding of ineligibility may be initiated only by a letter from the nomin…

Liability under the bond shall be for the duration of surface mining and reclamation operations and for a period coincident with the operator's responsibility pursuant to §§ 11.181 - 11.182 of this title (relating to Surface Mine Closing, and Surface Mine Release). Notes 16 Tex. …

(a) The commission may accept the bond of the operator itself, without separate surety, when the operator demonstrates to the satisfaction of the commission the existence of a suitable agent to receive service of process and history of financial solvency and continuous operation …

The amount of the bond required for each bonded area shall depend on the reclamation requirements of the approved permit and shall be determined by the commission on the basis of two estimates, one of which may be submitted by the permit applicant and the other prepared by the co…

Surface mining operations conducted at any individual mine shall be reported in the annual report until such time as the mine is closed pursuant to the provisions of §§ 11.181 - 11.182 of this title (relating to Surface Mine Closing, and Surface Mine Release). Notes 16 Tex. Admin…

The permit holder shall maintain records which shall be available in the commission at all reasonable times showing, on a monthly basis: (1) the number and location of mined acres; (2) the number and location of acres under reclamation; (3) the number and location of acres upon w…

(a) At least 15 days prior to commencement of drilling, a permittee whose permit authorizes exploration in a groundwater conservation district shall obtain groundwater samples for analysis in accordance with this subsection. Within 90 days of receiving the laboratory analysis dat…

(a) The Commission has jurisdiction over uranium exploration boreholes and cased exploration wells completed under an exploration permit until: (1) exploration boreholes and cased exploration wells are properly plugged in accordance with § 11.138 of this title (relating to Uraniu…

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) Subject to its cooperation agreement with FDA, TOPS will work in coordination with the FDA's Coordinated Outbreak Response and Evaluation ("CORE") Network to respond to an outbreak which has been identified by CORE. (b) FDA will be the lead agency conducting on-site visits an…

(a) Each permittee shall plug each exploration borehole within three business days of drilling completion unless otherwise approved in the permit. The permittee shall maintain records of borehole logging, cementing dates, and rig logs and make them available for inspection by the…

(a) No permittee may drill an exploration borehole within 150 horizontal feet of an existing water well without the written consent of the well owner. (b) Each permittee shall: (1) segregate topsoil from subsoil and salvage it while digging a mud pit; (2) protect livestock from o…

(a) The division shall provide concurrent written notice to the entities listed in subsection (b) of this section of: (1) the division's receipt of an initial application for an exploration permit and the director's issuance or denial of an exploration permit; (2) the division's …

(a) Right of Entry to Determine Coverage or Verify Exceptions. TOPS may enter the premises of a farm growing produce during normal business hours to determine coverage and/or verify exceptions to the Produce Safety Rule. (b) Right of Entry to Conduct Inspections. TOPS may enter a…

(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,…

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…

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…

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.…

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…

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…

(a) If a member, agent, or employee of the Texas Historical Commission has a conflict of interest in any transaction involving the selection, award, or administration of historic preservation funds, state historic preservation grants, or museum grants, he or she may not participa…

(a) Use requests. Requests for use of Gethsemane Church, Carrington-Covert House, Christianson-Leberman Building, and grounds shall be made in writing to the executive director not less than four weeks prior to the date of intended use. The executive director may, at his discreti…

(a) Donations (1) All funds received from donations to the commission will be deposited in the state treasury and used for the purpose specified by the donor, or for general commission programs when no purpose is specified. (2) Donations to the commission will not be used for sup…

(a) Definitions (1) "Consumer" means an individual who obtains or has obtained a product or service from you that is to be used primarily for personal, family, or household purposes. (2) "Privacy notice" means any notice which you give regarding a consumer's right to privacy as r…

(a) The department shall maintain in accordance with its retention policy records of all complaints received. Such records shall include the information required in Finance Code, § 12.108 . (b) A representative sample of complaints closed due to lack of jurisdiction or evidence s…

(a) Complaints and inquiries filed with the department are generally considered public information, unless a specific statutory exception applies. (b) Upon receipt of a complaint or inquiry, the department will make a good faith effort to protect complainant's identity to the ext…

(a) "Complainant" means a person who files a complaint or inquiry. (b) "Complaint" means a written communication submitted to the department by a person that alleges misconduct by a person believed to be engaging in an activity that is regulated by the department. For purposes of…

(a) The following actions may be taken, and penalties may be assessed in response to findings of violations of the Produce Safety Rule. Attached Graphic (b) A corrective action plan must be developed by the producer and approved by TOPS in response to one or more findings by TOPS…

(a) Any person with reasonable cause to believe that a producer has violated the Produce Safety Rule or this chapter may file a complaint with TOPS. (b) TOPS may, in its sole discretion, investigate the complaint and make a full written report. Notes 4 Tex. Admin. Code § 11.43 Ad…

(a) TOPS may issue a stop sale order upon a finding of an egregious condition or for repeated failure to comply with one or more corrective action plans which may result in risk to public health. (b) A stop sale order shall apply to all covered produce, lots, batches, or bins tha…

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) 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…