Texas Administrative Code

(a) In addition to those outlined in § 17.21 of this title (Relating to Submission Procedures), each institution must include a statement with the application, certified by a Professional Engineer licensed in the State of Texas who shall not be an officer or employee of the offer…

Texas Government Code, Chapter 442, §442.008, requires that the Texas Historical Commission review changes made to courthouse structures. (1) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indica…

(a) Definition. The Texas preservation trust fund (hereinafter referred to as trust fund or fund) is a fund in the state treasury, created by enactment of Senate Bill 294 by the 71st Texas Legislature (1989), which amended the Texas Government Code, Chapter 442, by adding §442.01…

(a) Statement of purpose; Applicability. This section authorizes retailers, qualified livestock shows, distributors, communities, restaurants, and other entities to become associate GO TEXAN participants and assist the department with the promotion and implementation of the GO TE…

(a) No person shall use, employ, adopt, or utilize the GO TEXAN certification mark, unless prior application for registration has been made to the department and permission has been granted. In addition to any other fee that may be assessed under this chapter, the department may …

(a) Application. Within 30 days of receipt of an application for registration, the department shall make an initial determination of whether such registration permission shall be granted or denied, and notify the applicant in writing. If the applicant is denied registration, then…

(a) Registration. An annual fee for registration in the GO TEXAN Program shall be paid to the department. Registration fees are based on the applicant's tier selection at time of application. Applicants may select from four different levels of participation in the GO TEXAN Progra…

(a) Registration to use the GO TEXAN certification mark may be revoked at any time if the mark is misused, as determined by the department. (b) Misuse of the GO TEXAN certification mark includes, but is not limited to: (1) use of the mark in the selling, advertising, marketing, p…

(a) Permission to use the GO TEXAN certification mark. Permission to use the GO TEXAN certification mark may be granted by the department to registrants who have been properly certified as a "Non-Agricultural Member" to promote Texas "Other Products", as defined in § 17.51 of thi…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Applicant--A unit of general local government seeking membership certification in the Go Texan Certified Retirement Community Progra…

After notice of suspension and/or disqualification has been properly served, the department shall impose a suspension or disqualification as provided by law, unless the person makes a timely hearing request as provided in § 17.8 of this title (relating to Hearing Requests). Notes…

The purpose of this chapter is to establish the procedure and mechanism for an owner of pollution control property to apply to the commission for a determination of pollution control use. Notes 30 Tex. Admin. Code § 17.1 The provisions of this §17.1 adopted to be effective June 1…

ALR hearings shall be held in accordance with Texas Transportation Code, Chapters 524 and 724, and in accordance with 1 Texas Administrative Code, Chapter 159. Notes 37 Tex. Admin. Code § 17.9 The provisions of this §17.9 adopted to be effective August 19, 1999, 24 TexReg 6310; a…

A person who receives notice of suspension or disqualification may request a hearing as provided. (1) A hearing request must either be delivered in writing, including by facsimile transmission, email, or through the designated ALR hearing request form on the department's website,…

(a) The department may rescind any ALR suspension or disqualification. (b) If for any reason the department declines to prosecute an ALR suspension or disqualification, or rescinds said action after imposition, the department shall send notice of rescission to the person at his/h…

(a) the department may reject any ALR report and decline to prosecute any ALR suspension or disqualification. (b) For purposes of an ALR suspension or disqualification based on a breath test failure, a valid breath alcohol test record is required. To be considered valid, the brea…

(a) All contested cases shall be recorded on audio tape, cassette, or by an official or licensed court reporter. Upon written request by any party, a transcript shall be made of the hearing. The cost of such transcript shall be borne by the requesting party. As many copies of the…

Formal exceptions to rulings of the examiner during a hearing shall not be necessary in order to preserve an objection until a later stage of the proceeding. Notes 31 Tex. Admin. Code § 17.25 The provisions of this §17.25 adopted to be effective April 22, 1992, 17 TexReg 2472.

When testimony is excluded by ruling of the examiner, a party shall be permitted to offer such testimony by dictating it into the record or by submitting the substance of the proposed testimony, in writing, prior to the conclusion of the hearing. Such an offer of proof shall be s…

Prior to any final order of the commissioner, a party may seek, upon motion submitted to the hearing examiner, approval of a written interim order on any substantive issue where the facts are not disputed. An interim order shall not be subject to exceptions or application for reh…

Oral testimony shall be presented under oath administered by the examiner. Notes 31 Tex. Admin. Code § 17.28 The provisions of this §17.28 adopted to be effective April 22, 1992, 17 TexReg 2472.

The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. When necessary to ascertain facts not reasonably susceptible to proof under those rules, evidenc…

(a) All documents shall be filed with the administrative hearings clerk at the following address: Administrative Hearings Clerk, General Land Office, 1700 North Congress Avenue, 9th Floor, Austin, Texas 78701-1496. (b) The administrative hearings clerk shall deliver a copy of all…

Official notice may be taken of judicially cognizable facts and of generally recognized facts within an area of General Land Office specialized knowledge or expertise, and the special skills or knowledge of the agency and its staff may be utilized in evaluating the evidence. Part…

(a) Documentary evidence may be received in the form of copies or excerpts where an original document is not readily available. On request, however, parties shall be given an opportunity to compare the copy with the original. (b) Where a large number of similar documents is offer…

Where a proceeding will be expedited and the interests of the parties will not be substantially prejudiced, evidence may be received in written form. The prepared testimony of a witness upon direct examination, either in narrative or question-and-answer form, may be incorporated …

(a) Call report. As used in this section, the term "call report" means a statement of condition and income and results of operations of a trust company as mandated by the banking commissioner pursuant to Finance Code, § 181.107 . (b) Reporting requirements of trust companies. (1)…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) "Cybersecurity incident" means any observed occurrence in an information system, whether maintained by the trust compa…

(a) Compliance required. Pursuant to Finance Code, § 183.112 , a trust company is required to maintain a bond for protection and indemnity of clients, in reasonable amounts against dishonesty, fraud, defalcation, forgery, theft, and other insurable losses with a corporate insuran…

(a) Agreement in writing. A sale or lease agreement between a trust company and an officer, director, principal shareholder, or affiliate of the trust company must be in writing. Existing verbal agreements must be reduced to writing and approved by the board. (b) Terms of agreeme…

(a) Calculation of fees. A trust company shall pay to the department a fee for examination, whether a regular or special examination, or for an investigation in connection with an application, calculated at a rate not to exceed $110 per examiner hour, to recoup the salary expense…

The Go Texan Certified Retirement Community Program is established to: (1) promote Texas as a retirement destination to retirees and potential retirees both in and outside Texas; (2) assist Texas communities in their efforts to market themselves as desirable retirement locations …

(a) General information. (1) An applicant community must be a unit of general local government. (2) Sponsor required. (A) The applicant must designate a sponsor that will be responsible for working with the department during the application process and will serve as the primary c…

(a) The department shall provide the following assistance to certified communities: (1) training opportunities for community representatives; (2) guidance in marketing, plus updates on retirement trends; (3) inclusion in the department's electronic marketing efforts, public relat…

(a) Certification. Certification under this program shall entitle the community to use the GO TEXAN Certified Retirement Community certification mark to promote the community to retirees, potential retirees and to any other interested parties. Use of the mark is subject to the ru…

(a) Except as specifically authorized under this subchapter, no person may depict, display, or use, in any manner, the GO TEXAN certification mark without obtaining prior written permission from the department. A person may seek such permission by filing an application for use of…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Applicant--A farmers market manager or other authorized agent for a specified farmers market association. (2) Certified farmers mark…

The GO TEXAN-Marketing Enhancement Grant Assistance Program is designed to provide grant funds to GO TEXAN partners to assist with the marketing and promotion of certified Texas agricultural products, including those that have been produced, processed, or otherwise had value adde…

General definitions applicable to Title 4, Part 1, including this subchapter, are located in Chapter 1, Rule 1.1. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Associate GO TEXAN…

(a) The Department shall administer the MEGA Program, subject to the availability of funds. (b) The Department may create multiple grant opportunities under the MEGA Program to benefit products or Associate GO TEXAN Registrants by bringing awareness to the businesses and the GO T…

(a) An eligible applicant must be a current GO TEXAN Program Registrant in good standing, as defined in this subchapter. Selected applicants must maintain an appropriate level of GO TEXAN participation throughout the term of the MEGA Program grant, based on grant eligibility crit…

(a) Funds received under this subchapter may only be used for activities related to the specified purpose of the grant opportunity offered as part of the MEGA Program namely, marketing and promotion of certified GO TEXAN agricultural and non-agricultural products, Associate GO TE…

(a) Upon notification that a criminal charge of an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724, has resulted in an acquittal, the department shall not impose a suspension arising out of the same conduct or transaction. If a suspension has already been …

If an administrative hearing is not requested, then before the effective date of suspension or disqualification, the department shall mail a final order of suspension or disqualification to the person's address of record. The order shall state the length of suspension or disquali…

(a) Upon receipt of an appeal petition, the department shall determine whether the defendant is entitled to a 90-day stay of suspension or disqualification pending appeal, in accordance with Texas Transportation Code, Chapter 524. For purposes of determining whether an appeal sta…

(a) Any party of record may, within 10 days after service of the examiner's proposal for decision, file with the commissioner exceptions to the proposal for decision. Replies to such exceptions shall be filed within seven days after the date of the filing of exceptions. The exami…

Two or more proceedings may be consolidated upon written notice by the hearing examiner or upon written motion of a party filed as provided in § 17.3 of this title (relating to Filing of Documents) and served on all parties of record prior to the hearing date. Protest to such mot…