Texas Administrative Code

Each applicant shall submit to the Commission an application for small operator assistance program containing the following information in order to procure funds for program services: (1) a statement of intent to file a permit application; (2) the names and addresses of: (A) the …

(a) If the applicant is eligible and information is not readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, the Commission shall: (1) determine the minimum data requirements necessary for the proposed site; (2) select the …

(a) Minimum Requirements. (1) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on- and off-site, shall be made by a qualified laboratory. The data for this determination shall include: (A) the existing and projected surface- a…

(a) After an application for a permit to conduct surface coal mining and reclamation operations has been approved but before such permit is issued, the applicant shall file with the Commission a performance bond or bonds payable to the Commission. The performance bond will be con…

Each applicant for a permit shall submit to the Commission as part of the permit application: (1) a certificate issued by an insurance company authorized to do business in Texas. The amount, duration, form, conditions and terms of this insurance shall conform to § 12.311 of this …

(a) The Commission shall prescribe and furnish the form for filing a performance bond. (b) The Commission shall prescribe terms and conditions for performance bonds and insurance by regulations which meet, at a minimum, the requirements of §§ 12.304 - 12.307 of this title (relati…

(a) The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation giving consideration to such factors as topography, geology of the site, hydrology, and revegetatio…

(a) Liability under the performance bond(s) shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the Act, this chapter (relating to Coal Mining Regulations), and t…

(a) The amount of the performance bonds applicable to a permit may be adjusted by the Commission when the cost of future reclamation work changes. The Commission shall notify the permittee, surety, and any other person with a property interest in the collateral posted under this …

(a) The form for the performance bond shall be prescribed by the Commission in accordance with this section. The Commission may allow for: (1) a surety bond; (2) a collateral bond; (3) an escrow account bond; (4) self-bonding; or (5) combined surety/escrow bonding. (b) Where the …

(a) Amount of bond. The performance bond shall be in an amount determined by the Commission as provided in § 12.304 of this title (relating to Determination of Bond Amount). (b) Payee. The performance bond shall be payable to the Commission. (c) Performance requirement. The perfo…

(a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use: (1) up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculate…

(a) The Commission may allow permittees to replace existing bonds with other bonds if the liability which has accrued against the permittee on the permit area is transferred to such replacement bonds. (b) The Commission shall not release existing performance bonds until the permi…

(a) The Commission shall require the applicant to submit at the time of permit application, a certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought. The certi…

(a) Bond release application. (1) The permittee may file a request with the Commission for the release of all or part of a performance bond or deposit. Applications may be filed only at times or during seasons authorized by the Commission in order to properly evaluate the complet…

Each exploration hole, other drill hole or borehole, well, and other exposed underground opening which has been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground-water conditions…

When no longer needed for monitoring or other use approved by the Commission upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under § 12.351 of this title (relating to Hydrologic Balance: Transfer of Wells), e…

(a) Before disturbance of an area, topsoil and subsoils to be saved under § 12.335 of this title (relating to Topsoil: Removal) shall be separately removed and segregated from other material. (b) After removal, topsoil shall either be immediately redistributed as required under §…

(a) Timing. Topsoil shall be removed after vegetative cover that would interfere with the use of the topsoil is cleared from the areas to be disturbed, but before any drilling, blasting, mining, or other surface disturbance. (b) Materials to be removed. All topsoil shall be remov…

(a) Topsoil and other materials removed under § 12.335 of this title (relating to Topsoil: Removal) shall be stockpiled only when it is impractical to promptly redistribute such materials on regraded areas. (b) Stockpiled materials shall be selectively placed on a stable area wit…

(a) After final grading and before the replacement of topsoil, topsoil substitutes, and other materials segregated in accordance with § 12.335 of this title (relating to Topsoil: Removal), regraded land shall be scarified or otherwise treated as required by the Commission to elim…

Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the redistributed surface soil layer, so that it supports the approved postmining land use and meets the revegetation requirements of §§ 12.390 - 12.393 and 12.395 of this title (relating to…

(a) Surface mining activities shall be planned and conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damages to the hydrologic balance outside the permit area, to assure the protection or replacement of water rig…

Discharge of water from areas disturbed by surface mining activities shall be made in compliance with all applicable state and federal water-quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set …

(a) General Requirements. (1) With the approval of the Commission, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of § 12.344 of this title (relating to Hydrologic Balance: Sedimentation P…

(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to: (1) prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; (2) meet the mo…

(a) The commission should issue a final order within 60 days after the conclusion of a formal hearing. (b) The executive director shall dismiss a complaint if the commission fails to adopt a motion under section 571.132 of the Government Code. The dismissal shall state the compla…

(a) An advisory committee shall provide advice and recommendations to the task force by identifying cost-efficient and effective recommendations for economic development and Endangered Species Act compliance in the geographic area designated in its framework. (b) An advisory comm…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Acknowledgment--A notice that is intended only to inform the public that a highway-related service is sponsored by a participating sponsor…

The purpose of this subchapter is to provide for a state acknowledgment program that allows the department to acknowledge donations for highway-related services, including mowing, litter and debris pick-up, travel services, roadside assistance and safety service patrols, and main…

(a) To acknowledge a donation to the department for the program, the department may allow during the period of the related sponsorship agreement the installation of an acknowledgment plaque below a general service sign for the program that is in the state highway right of way. (b…

(a) The department may award one or more contracts to design, build, host, operate, maintain, or market the program. (b) The program must comply with 23 C.F.R. Part 511 . (c) Each traffic control device installed by a contractor under the program must conform to the requirements …

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Contractor--A person that acts as the authorized agent of the department in the development, operation, or maintenance of a Real-Time Syst…

A military service member who holds a registration or license issued under the Act is entitled to two (2) years of additional time to complete any requirement related to the renewal of the license. Notes 37 Tex. Admin. Code § 12.53 Adopted by Texas Register, Volume 41, Number 02,…

An individual who holds a registration or license issued under the Act is exempt from any increased fee or other penalty for failing to renew the license or registration in a timely manner if the individual establishes to the satisfaction of the department the individual failed t…

For purposes of this subchapter, the terms "military service member", "military veteran", and "military spouse" have the meanings provided in Texas Occupations Code, § 55.001 . Notes 37 Tex. Admin. Code § 12.51 Adopted by Texas Register, Volume 41, Number 02, January 8, 2016, Tex…

(a) All licensees, registrants, or applicants shall at all times maintain on file with the department a current electronic mail address, physical mailing address, facsimile number, and the physical address of each location at which low-THC cannabis is cultivated, processed, or di…

Prescriptions for low-THC cannabis must be submitted electronically to the Compassionate-Use Registry in compliance with Texas Occupations Code, § 169.003 , and may be confirmed and dispensed based on the electronic prescription record in accordance with § 487.107 of the Act. Not…

(a) In addition to the requirements of Texas Occupations Code, § 169.004 , for purposes of identification the physician's registration must include the patient's address, the last four digits of the patient's Social Security number, and if applicable, the name of the patient's le…

(a) A licensee or registrant must report to the department not later than the second day following the date the licensee or registrant learns of: (1) A notable inventory discrepancy; (2) An inventory loss or theft; or (3) A fire on the regulated premises; or (4) A loss or theft d…

(a) The licensee must immediately report any unauthorized intrusion or other security breach of the regulated premises to both the local law enforcement agency with primary response jurisdiction and within twenty four (24) hours to the department. (b) Following any security breac…

(a) Any vehicle used by a dispensing organization for the transportation of low-THC cannabis must have a vehicle security system and a securely attached and locked container within the vehicle. It is the responsibility of the licensee to ensure that only authorized registered emp…

(a) A licensee or applicant for licensure must maintain effective controls and procedures in order to prevent unauthorized access, theft, or diversion of the low-THC cannabis and any derivative products. The standards provided in this subchapter are minimum standards only. (b) Du…

(a) Registration as a director, manager or employee of a licensed dispensing organization provides these individuals access to sensitive medical information, drugs, and the equipment and raw materials needed to produce drugs. Registration provides those predisposed to commit frau…

(a) In cases brought before SOAH, in the event the respondent is adjudicated as being in violation of the Act or this chapter after a trial on the merits, the department has authority to assess the actual costs of the administrative hearing in addition to the penalty imposed. Suc…

Following adequate notice of a hearing on a contested case before SOAH, failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the SOAH docket and to informally dispose…

The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) "Act" means Government Code, Chapter 490E, as adopted by Senate Bill 2534, 81st Legislature, 2009. (2) "Advisory committee" means an …