Texas Administrative Code

(a) This section, and § 12.544 and § 12.545 of this title (relating to Coal Mine Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and Embankments: Design and Construction) apply to dams and embankments constructed of coal mine waste or intended to impou…

Before coal mine waste is placed at a dam or embankment site: (1) all trees, shrubs, grasses, and other organic material shall be cleared and grubbed from the site, and all combustibles shall be removed and stockpiled in accordance with the requirements of §§12.500-12.543, this s…

(a) The design of each dam and embankment constructed of coal mine waste or intended to impound such waste shall comply with the requirements of § 12.517 (a) and (c) of this title (relating to Hydrologic Balance: Permanent and Temporary Impoundments), modified as follows: (1) the…

(a) Any person conducting underground mining activities shall, to the extent possible using the best technology currently available, minimize the disturbances and adverse impacts of the activities on fish, wildlife, and related environmental values, and achieve enhancement of suc…

(a) Each person who conducts underground mining activities shall effectively support and maintain all surface-access openings to underground operations, and secure surface facilities in areas in which there are no current operations but operations are to be resumed under an appro…

(a) The person who conducts underground mining activities shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter (relating to Coal Mining Regulations) and according to the permit approved by the Commission. (b) All surface equ…

(a) General. Surface land areas affected by mining activities shall be restored in a timely manner: (1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining; or (2) to higher or better uses achievable under criteria and pro…

(a) Road classification system. (1) Each road, as defined in § 12.3 of this title (relating to Definitions), shall be classified as either a primary road or an ancillary road. (2) A primary road is any road which is: (A) used for transporting coal or spoil; (B) frequently used fo…

Primary roads shall meet the requirements of § 12.569 of this title (relating to Roads: General) and the additional requirements of this section. (1) Certification. The construction or reconstruction of primary roads shall be certified in a report to the Commission by a qualified…

All underground mining activities shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines, railroads; electric and telephone lines; and water and sewage lines which pa…

(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation plant to which it is incident or from which its operation results. (b) In addition to the other provisions of §§ 12.500 - 12.571 of this title (relating to Permanent Progr…

(a) Records required by the Act to be made available locally to the public shall be retained at the geographically closest office to the Commission's Surface Mining and Reclamation Division. (b) Other records or documents in the possession of the Commission may be requested pursu…

(a) Any auger mining associated with surface mining activities shall be conducted to maximize recoverability of mineral reserves remaining after the mining activities are completed. Each person who conducts auger mining operations shall leave access for removal of those reserves …

(a) The Commission shall make available to the Director and the Regional Director, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration approvals or surface coal mining and reclamation operations permits an…

(a) A citizen may request an inspection under § 12.670 (e) of this title (relating to Inspections by the Commission), by furnishing to an authorized representative of the Commission a signed, written statement (or an oral report followed by a signed, written statement) giving the…

Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Commission in writing of any alleged failure on the part of the Commission to make adequate and complete or periodic inspections as pro…

(a) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the Commission to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any …

(a) General provisions. (1) Whenever a court of competent jurisdiction enters a judgment against or convicts a person under the provisions of this section, the Commission will update AVS to reflect the judgment or conviction. (2) The existence of a performance bond or bond forfei…

(a) Conditions, practices, or violations warranting a cessation order. (1) An authorized representative of the Commission shall immediately order a cessation of surface coal mining and reclamation operations or of the relevant portion thereof, if he or she finds, on the basis of …

(a) An authorized representative of the Commission shall issue a notice of violation if, on the basis of an inspection he finds a violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of a permit or an exploration approval imposed under such p…

(a) Pattern of violations. (1) Except as provided in subsection (b) of this section, the Director of the Surface Mining and Reclamation Division shall issue an order to a permittee requiring the permittee to show cause why the permit and right to mine under the Act should not be …

(a) A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows: (1) by tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent …

(a) Submission of an application for a license as a dispensing organization constitutes permission for entry by the department to the regulated premises of the dispensing organization at any time during regular business hours. (b) While conducting an inspection or engaging in act…

In order to increase public awareness of the maintenance needs of the state highway and airport systems, improve the aesthetics of state highways and airports, and maximize the use of taxpayer revenue, it is the policy of the Texas Transportation Commission to encourage public pa…

A program established under this subchapter may at any time and for any reason be terminated or revised at the sole discretion of the commission. Notes 43 Tex. Admin. Code § 12.10 The provisions of this §12.10 adopted to be effective December 8, 2011, 36 TexReg 8243

(a) Purpose. The Adopt-an-Airport Program (Program) allows private citizens an opportunity to support the department's beautification programs by adopting an airport for the purposes of beautifying and creating a better image and enhancing public awareness for the airport. This s…

(a) Purpose. The Adopt-a-Highway Program (Program) allows private citizens an opportunity to support the department's litter prevention programs by adopting a section of highway for the purpose of reducing litter on an adopted section through public participation. This section se…

The purpose of this subchapter is to provide for a state Real-Time System Management Information Program that complies with 23 C.F.R. Part 511 and that makes information about current traffic and travel conditions available to the traveling public. Notes 43 Tex. Admin. Code § 12.…

(a) The department may deny the application for a license as a dispensing organization if the applicant fails to pass the initial review of the application materials or the onsite inspection, based on the failure to satisfy the requirements reflected in subsection (b)(7) of § 12.…

(a) The application fee for a dispensing organization license is $7,356. The license fee for a dispensing organization is $488,520 for a two (2) year period. (b) The fee for the biennial renewal of the dispensing organization license is $318,511. (c) The registration fee is $530 …

(a) A licensee may only perform regulated functions at a department approved location. Any change in location must be approved by the department prior to operation in a regulated capacity. (b) Licensees shall notify the department within five (5) business days of a registrant's t…

(a) The department may initiate suspension proceedings against the license of a dispensing organization if the licensee or its registrant: (1) Willfully or knowingly submits false, inaccurate, or incomplete information to the department or records such information on any records …

(a) Records required under the Act or this chapter must be maintained and made available for inspection or copying for a period of two (2) years. Records may be maintained in digital form so long as a hard copy may be produced upon request of department personnel. (b) In addition…

(a) Qualified physicians registered as prescribers of low-THC cannabis under Texas Occupations Code, Chapter 169 may access the Compassionate-Use Registry using the department's secure web portal. (b) Dispensing organizations and law enforcement agencies may request access to the…

(a) Before dispensing any low-THC cannabis to a registered patient or the patient's legal guardian, the dispensing organization must verify the identity of the patient or guardian, verify the guardian's status, if applicable, and otherwise comply with the requirements of §487.107…

(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…

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) 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…

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…

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…

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,…

(a) An individual who is a military service member, military veteran, or military spouse may apply for a license under this section if the individual: (1) Holds a current license issued by another jurisdiction with licensing requirements substantially equivalent to the Act's requ…

(a) Verified military service, training, or education that relates to the registration or license for which a military service member or military veteran has applied will be credited toward the respective experience or training requirements. (b) This section does not apply to an …

(a) The department is entitled to rely on the physical mailing address, the facsimile number, and the electronic mail address currently on file for all purposes relating to notification. The failure to maintain current addresses with the department is not a defense to any action …

(a) This subchapter limits the amount of annual statewide production by licensees to the estimated demand as calculated under this subchapter but shall not be construed as adopting a standard of care for treatment involving the product. The intent of this subchapter reflects legi…

(a) Licensees must comply with all applicable provisions of the Texas Agriculture Code and the Texas Department of Agriculture's administrative rules, Title 4, Part 1. (b) Representative samples of all processed products must be tested for the levels of tetrahydrocannabinol and c…

(a) A licensed dispensing organization shall use a perpetual inventory control system that identifies and tracks the licensee's stock of low-THC cannabis from the time it is propagated from seed or cutting, to the time it is delivered to either another licensee or patient or lega…