Texas Administrative Code

(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…

(a) A penalty of 5.0% of the fee due shall be imposed on a person who fails to pay a fee required under this title when due, and, if the person fails to pay the fee within 30 days after the day on which the fee is due, an additional 5.0% penalty shall be imposed. (b) Delinquent f…

This chapter applies to those fees owed the state under the commission's jurisdiction. Notes 30 Tex. Admin. Code § 12.1 The provisions of this §12.1 adopted to be effective February 14, 1997, 22 TexReg 1322.

(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…

(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…

Independent review must be conducted under an independent review plan that is consistent with standards developed with input from appropriate health care providers, and reviewed and approved by the IRO's medical director. The independent review plan must include the following com…

(a) Personnel employed by or under contract with the IRO to perform independent reviews must be appropriately trained, qualified, and, if applicable, currently licensed, registered, or certified. These personnel must be currently involved in an active practice. An exception to th…

(a) The IRO must report any material changes to the information required in the IRO application form required by § 12.103 and § 12.108 of this chapter, including changes relating to physicians and providers performing independent review, no later than the 30th day after the date …

(a) An IRO must notify the department of an agreement to sell or transfer the ownership of the IRO, or shares in the IRO, no later than 60 days before the date of the sale or transfer of ownership. The IRO must use the IRO application form. The IRO must file the notification with…

A person is not eligible for a certificate of registration under this chapter if any payor, or trade or professional association of payors, has any ownership interest in or control over the person or if the person has any ownership interest in or control over a payor. The departm…

If a court of competent jurisdiction holds that any provision of this chapter or its application to any person or circumstance is invalid for any reason, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid p…

(a) Application Process. An eligible entity shall complete and submit an application to the Coordinating Board. Each application must: (1) Be submitted electronically in a format and location specified in the application; (2) Adhere to the program requirements specified in rule; …

The following words and terms, when used in this subchapter, shall have the following meanings: (1) Application--An approved form adopted by the Commissioner that an institution shall use to seek approval to offer the Opportunity High School Diploma program. (2) Board--The govern…

(a) Each participating public junior college or consortia approved to offer this program shall report to the Coordinating Board via a form and on a schedule approved by the Commissioner for data collection required under this section. Each participating public junior college shal…

(a) The department may develop an acknowledgment program to recognize donations provided to benefit a highway-related service. (b) A donation may be used only for the highway-related purpose for which it is made. (c) The acknowledgment program is applicable to all state highways.…

(a) Purpose. The Landscape Partnership Program (program) allows individuals, private businesses, organizations, and local governments an opportunity to support the aesthetic improvement of the state highway system by donating the project development, establishment, and maintenanc…

(a) The department is generally prohibited by law from expending any funds, directly or indirectly, for the purpose of influencing the outcome of any election or the passage or defeat of any legislation, and will not erect a sign in violation of this prohibition. (b) The departme…

(a) A district engineer who receives an application submitted under this subchapter may defer approval to the executive director or the executive director's designee. (b) If a district engineer denies, in whole or in part, approval of an application submitted under this subchapte…

(a) Purpose. The Adopt-a-Freeway Program (Program) allows private businesses, civic organizations, and local governments an opportunity to support the department's landscape programs by adopting a section of urban freeway for the purpose of project development and project establi…

(a) Purpose. The Adopt-a-Highway for Landscaping Program (Program) augments the Adopt-a-Highway Program, established in § 12.3 of this subchapter (relating to Adopt-a-Highway Program) by allowing groups to adopt a section of rural state highway right-of-way for landscape developm…

(a) An acknowledgment sign must comply with the requirements of the Texas Manual on Uniform Traffic Control Devices issued by the department, including the size and format requirement. (b) Regulatory, warning, and guidance signs take precedence over an acknowledgment sign. (c) An…

(a) The department may contract with one or more individuals or businesses for professional services to market, administer, recruit, or secure sponsors for the acknowledgment program. (b) The department will require a vendor to enter into an agreement prescribed by the department…

(a) Scope. This section sets forth the rules for calculating the credit exposure arising from a derivative transaction or a securities financing transaction entered into by a state bank for purposes of determining the bank's lending limit pursuant to Finance Code, § 34.201 , and …

(a) Loans or extensions of credit for purposes of the Finance Code, § 34.201 , and this subchapter include: (1) an overdraft, regardless of whether such overdraft was pre-arranged, other than an intra-day overdraft for which payment or deposit is received by the bank before the t…

A loan subject to Finance Code, § 34.102(d) , must be subtracted from the capital of a lending bank if the loan proceeds are used directly, or indirectly, for the purpose of recapitalizing the lending bank, unless the loan is fully secured by irrevocable letters of credit or othe…

(a) Applicability. (1) Finance Code, § 34.203 , and this section apply to: (A) closed end first lien residential real estate loans; (B) loans other than for personal, family, or household use (i.e., commercial loans including all commercial real estate loans); and (C) loans for p…

(a) Definitions. (1) "Actuarial method" means the method of allocating payments made on a debt between the amount financed and the finance charge pursuant to which a payment is applied first to the accumulated finance charge and any remainder is subtracted from, or any deficiency…

(a) A commitment to lend, when combined with all other loans or extensions of credit to a borrower, must be within the bank's legal lending limit at the time the commitment becomes binding, and advances may be made under a binding commitment to lend even if the advances would exc…

(a) General lending limit. Generally, a bank's total outstanding loans and extensions of credit to one borrower, as provided in the Finance Code § 34.201 , may not exceed 25% of the bank's Tier 1 capital. However, certain loans or extensions of credit are subject to special lendi…

(a) On or after 8 months from the date of state program approval (approved February 11, 1980), no person shall conduct surface coal mining and reclamation operations in the state without first having obtained a permit from the Commission. (b) The requirements of Subchapter K of t…

(a) The Commission shall not issue permits which are inconsistent with designations made pursuant to this Program. (b) The Commission shall maintain a map or other unified and cumulative record of areas designated as unsuitable for all or certain types of surface coal mining oper…

(a) Not later than six months after the date any projects to reclaim privately owned land are completed, the Commission: (1) shall itemize the money spent; and (2) may file a statement of the money spent with the clerk of the county in which the land lies, together with a notariz…

(a) A notarized appraisal of the fair market value of private land to be reclaimed shall be obtained from an independent professional appraiser except as noted in subsection (d) of this section. Such appraisal shall meet the quality of appraisal practices found in the Uniform App…

(a) The Commission, its agents, employees, or contractors may enter land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained pursuant to § 12.813 of th…

Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power shall be undertaken only after reasona…

The lien requirements in §§ 12.815 - 12.817 of this title (relating to Appraisals; Liens; and Satisfaction of Liens, respectively), shall apply to the Commission's noncoal reclamation program under § 12.808 of this title (relating to Eligible Noncoal Lands and Water), except that…

Revenue to the Fund shall include: (1) amounts granted to the state by OSMRE for the purpose of conducting the Texas Abandoned Mine Reclamation Plan; (2) moneys collected by the state from charges for uses of land acquired or reclaimed with moneys from the Fund; (3) moneys recove…

The following words and terms, when used in this subchapter (relating to the Texas Abandoned Mine Land Reclamation Program), shall have the following meanings unless the context clearly indicates otherwise: (1) Abandoned Mine Reclamation Fund or Fund--A special fund established b…

The Commission shall: (1) participate in the Abandoned Mine Land Reclamation Program through the establishment of the Texas Abandoned Mine Program; (2) establish the Texas Abandoned Mine Reclamation Fund for use in conducting the Texas Abandoned Mine Program; and (3) request, rec…

(a) Initial processing procedures. (1) Within 30 days of receipt of a petition, the Commission shall notify the petitioner by certified mail whether or not the petition is complete under §§ 12.79 (b) or (c) of this title (relating to Procedures: Petitions). Complete, for a design…

(a) Right to Petition. Any person having an interest which is or may be adversely affected has the right to petition the Commission to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this …

The Commission has established a process enabling objective decisions to be made on which, if any, land areas of the state are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competent, scientifically sound data and other r…

(a) Applicability. Pursuant to appropriate petitions, lands listed in § 12.71 (a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited) are subject to designation as unsuitable for all or certain types of Surface coal mining operations u…

The requirements of this subchapter (relating to Lands Unsuitable for Mining) do not apply to: (1) lands on which surface coal mining operations were being conducted on August 3, 1977; (2) lands covered by a permit issued under the Act; or (3) lands where substantial legal and fi…

(a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Commission determines that reclamation is not technologically and economically feasible under the Act, this chapter (relating to Coal Mining Regulations…

The Commission must use the criteria in this Subchapter (relating to Lands Unsuitable for Mining) for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations. Notes 16 Tex. Admin. Code § 12.74 The provisions of this §12.74 ado…