Texas Administrative Code

The license of a warehouse operator that does not submit the required fees, application, bonding instrument, or certificate of insurance will be suspended automatically and remain suspended until such requirements are received by the department. Notes 4 Tex. Admin. Code § 13.20 T…

In addition to any other obligations set out in the Code, Chapter 14, or this chapter, the warehouse operator shall be responsible for the general obligations of this section. In the event of a conflict between these general obligations and the obligations established elsewhere, …

(a) Inaccessible or unsafe structures. If a storage structure is inaccessible or unsafe, it will not be measured during an inspection and will count as if there is no grain in the specific facility for that inspection. (b) Sealing of Warehouses. (1) When a warehouse is sealed, th…

A warehouse operator must ship grain, at the request of the receipt holder who returns a receipt with orders to ship, within the time period specified by the shipping order, or within the time period specified by written agreement that clearly supersedes the shipping order. A wri…

(a) Receiving, shipping, handling, discounts, shrinkage, cleaning, storage and any other charges must be conspicuously posted at a facility where a scale is located. (b) Documentation of charges at time of payment or invoicing shall be individually indicated for each individual c…

(a) A person making a claim for unclaimed property reported to the comptroller as a legal heir of a reported owner or of the reported owner's heirs or devisees must submit the following documentation: (1) for claims equal to or less than $5,000, a copy of an affidavit of heirship…

Pursuant to Texas Government Code, Chapters 411, 811, and 821, and Texas Labor Code, Chapter 301, §§ 13.17 , 13.18 and 13.19 of this title (relating to Definitions, Provisions of Information to the Comptroller, and Limitations) apply to all state agencies for the purpose of assis…

(a) A person holding a durable power of attorney who makes a claim on behalf of a reported owner or other person must, in addition to presenting a copy of the durable power of attorney, provide the comptroller with a statement from a physician attending the principal that states …

(a) Suspicious incident. Unless there is an obvious, reasonable explanation for the event in question, each witness to a destruction under this subchapter is responsible for returning an item to a laboratory for testing to detect a discrepancy, loss, theft, or other potential div…

(a) Contemporaneous written statement. At or immediately after the time of a destruction under this subchapter, one of the witnesses to destruction must complete a written statement containing a detailed description of the destruction of the item, including all the relevant infor…

(a) Generally. The laboratory, law enforcement agency, or peace officer who destroys an item under this subchapter must maintain the original destruction documents in a readily retrievable form after the date of destruction. (b) Available to Director for inspection. The destroyin…

(a) A distributor or recipient of a precursor or apparatus must make an accurate and legible record of each distribution; and maintain the record for two years after the date of the transaction. (b) A distributor satisfies the record keeping requirement under this section by reco…

(a) Unless exempt under the Act, a distributor or recipient of a precursor or apparatus must establish and maintain an inventory under this section. (b) A distributor or recipient must conduct an initial inventory to include each precursor chemical laboratory apparatus (PCLA) tha…

(a) Upon request of the department, a distributor or recipient may be provided up to 24 hours, excluding weekends and holidays, to produce any or all records required to be maintained on site for inspection by the department. (b) All distributors or recipients authorized to maint…

The violations detailed in this section will be subject to an administrative fine of $500 per violation, subject to the factors provided in §481.302 of the Act. These fines may be imposed under the procedures described in Subchapter H of the Act for violations of the Act and this…

(a) The board shall set the conditions for each sale or lease of vacant land. (b) The board, in its sole discretion, may reserve to the State of Texas for the use and benefit of the permanent school fund all oil, gas, coal, lignite, sulphur, and other mineral substances from whic…

(a) If no good-faith claimant exists or if no good-faith claimant exercises a preferential right within the applicable period, the applicant has a preferential right to purchase or lease an interest in the vacant land on or before the 60th day after the date on which: (1) the com…

(a) A good-faith claimant who has been notified by the commissioner that a vacancy exists under this subchapter has a preferential right to purchase or lease the interest claimed in the land before the land was declared vacant under terms and conditions set by the board. The pref…

(a) The commissioner shall serve a true copy of the survey report filed by the surveyor appointed under § 13.45 or § 13.46 of this title (relating to Commissioner's Survey or Surveyor Appointed Upon Request of Applicant) on each necessary party, including those named in the surve…

(a) Not later than the 120th day after the date a surveyor is appointed under § 13.45 or § 13.46 of this title (relating to Commissioner's Survey or Surveyor Appointed Upon Request of Applicant), the surveyor shall file a written report of the survey, the field notes describing t…

(a) An applicant may request that the commissioner appoint a surveyor to perform the survey required for a vacancy determination. Such request must be made in writing in the vacancy application. (b) The applicant must bear the cost of the performance of the requested survey by a …

(a) Hearings on administrative penalties are governed by Subchapter H of the Act (§481.301 et seq.). (b) The department may rely on the mailing and electronic mail address and facsimile number currently on file for all purposes relating to notification. The failure to maintain a …

(a) Under the authority of §481.077(b) and §481.080(c) of the Act, the department has determined that the items detailed in the section should be added to or exempted from the chemical precursor or laboratory apparatus lists. (b) Chemical precursor additions. The department hereb…

The substances detailed in this section are designated as being an immediate precursor as provided under the Act, §481.002(22): (1) Benzaldehyde; (2) Gamma-butyrolactone (other names include: GBL; dihydro-2(3H)-furanone; 1,2-butanolide; 1,4-butanolide; 4-hydroxybutanoic acid lact…

Should the commissioner of the General Land Office deem it to be in the public interest, action on the granting or denial of an easement, pursuant to the Texas Deepwater Port Procedures Act, Texas Civil Statutes, Article 5415i, across public lands may be postponed until after suc…

(a) Notice of any hearing under the Texas Deepwater Port Procedures Act (Texas Civil Statutes, Article 5415i), shall be filed with the secretary of state for publication in the Texas Register; in addition, it shall be published in the manner prescribed in § 5(b) and § 6(b) of the…

(a) To investigate a vacancy application, the commissioner may require a survey. If the commissioner requires a survey, the commissioner shall appoint a licensed state land surveyor who is not associated with the vacancy application to prepare a report. The commissioner may limit…

(a) The commissioner shall conduct an investigation of the vacancy application. (b) The investigation shall include, but is not limited to: (1) an evaluation of the vacancy application; (2) a determination that the vacancy application was properly filed and administratively compl…

The commissioner of the General Land Office may reduce or waive any fee set forth in this chapter, or accept non-cash consideration in lieu of all or part of such fee, or both, if such action would be in the public interest as determined by the commissioner. Notes 31 Tex. Admin. …

(a) Purpose. Land dedicated to or acquired for the use and benefit of the permanent school fund may be traded to: (1) aggregate sufficient acreage of contiguous land to create a manageable unit; (2) acquire land having unique biological, geological, cultural, or recreational valu…

The commissioner of the General Land Office establishes that all of the state owned lands included within the proposed additions to the coastal barrier resources system by the United States Department of the Interior's February, 1987, draft report to congress, Coastal Barrier Res…

(a) The following table lists the fees, surface damages and terms for pipeline right-of-way easements across public lands as established by the commissioner of the General Land Office. Attached Graphic (b) Right-of-way easements for pipelines issued prior to December 31, 1983, sh…

The following table lists the fees and terms for surface leases of public lands for certain facilities as established by the commissioner of the Texas General Land Office. Attached Graphic Notes 31 Tex. Admin. Code § 13.18 The provisions of this §13.18 adopted to be effective Feb…

No new group, club, or class may be created and made a part of any company or association unless the company or association applying for such new group, club, or class first receives the approval of the State Board of Insurance; nor shall a new group, club, or class be created un…

(a) Attorney in fact. (1) Wherein the terms "attorney in fact" and "actual attorney in fact" are used in the statutes or State Board of Insurance rules, they are synonymous. (2) An attorney in fact has total authority to operate the Lloyd's plan company acting pursuant to authori…

(a) General. Every liability, contingent or otherwise, shall be disclosed in accordance with sound accounting practice in each financial statement of the condition of the company or association. (b) Contingent liabilities. Whenever funds, as authorized by the board of directors, …

(a) Minutes shall be kept and preserved of all meetings of the membership, and of all meetings of the board of directors. Whenever action is taken at any such meeting upon any matters hereinafter set out, the complete minutes relating to such action, duly verified as required by …

(a) With the consent of the State Board of Insurance, a local mutual burial association may change its rates by adopting and filing with the State Board of Insurance a new rate schedule, but in each instance each rate must be within the minimum and maximum as promulgated by the S…

(If articles of association are changed, the same procedure should be followed as for amending constitution and bylaws.) (1) The constitution and bylaws must be amended in accordance with the Insurance Code, Article 14.05, which reads substantially as follows: "Bylaws of any asso…

(a) The name of a new association must be submitted and reserved before making any definite arrangements for conversion. To convert a burial association or change the name of a burial association or local mutual aid association, the constitution and bylaws and articles of associa…

In computing any period of time for the mailing of notices of a meeting of the membership or board of directors of a mutual assessment company or association, the day of mailing and the day of meeting shall not be counted. Notes 28 Tex. Admin. Code § 13.26 The provisions of this …

(a) General. The life insurance reserves required to be maintained by all mutual assessment associations shall be computed in accordance with recognized actuarial principles based upon the liability of the association as set out in its various life insurance contracts. In general…

The association may take an asset in the mortuary fund for uncollected net premiums on policies for which the reserve has been included in the reserve valuation. No credit will be allowed for deferred premiums if a method adopted by the company or association for computing its re…

(a) At the time of determination (effective December 31, 1965): (1) determine on a reasonable basis the amount of net assets of the mortuary fund of the mutual assessment company attributable to the various blocks of life and health and accident business. The various blocks of bu…

(a) Documents must be submitted for approval. (1) Forms must be submitted in duplicate, completed as John Doe Specimen. Typewritten forms may be submitted for preliminary review, but only printed forms will be accepted for approval and filing. (2) The following forms are required…

The purpose of this subchapter is to regulate, to the extent permitted by law and dictated by sound public policy, groups doing business in Texas as risk retention groups or purchasing groups. Notes 28 Tex. Admin. Code § 13.301 The provisions of this §13.301 adopted to be effecti…

The following are deceptive acts or practices under the Insurance Code, Article 21.21: (1) representing a group to be a purchasing group located in another state, when the group is actually located in Texas, according to the Insurance Code, Article 21.54, §2(14); (2) soliciting m…