Texas Administrative Code

(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) 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…

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…

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) 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…

(a) Not later than the 30th day after the date on which the commissioner's order is effective, pursuant to § 17.43 of this title (relating to Effective Date of Order), the order shall be complied with or a petition for judicial review shall be filed. (b) Judicial review of the or…

(a) To obtain a positive use determination, the pollution control property must be used, constructed, acquired, or installed wholly or partly to meet or exceed laws, rules, or regulations adopted by any environmental protection agency of the United States, Texas, or a political s…

The following are not exempt from taxation and are not entitled to a positive use determination under this chapter: (1) property is not entitled to an exemption from taxation: (A) solely on the basis that the property is used to manufacture or produce a product or provide a servi…

If the commissioner finds that an imminent peril to public health, safety, or welfare requires immediate effect of an order, such finding shall be stated in the order. The commissioner shall also state that such order is final and effective from and after the date signed. Such an…

(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) 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…

When the administrative hearings clerk of the General Land Office receives a request for hearing or other pleading intended to initiate a hearing, the clerk shall determine whether the request for hearing or other pleading complies with these sections in form and content. If the …

(a) Notice of proceeding. In any administrative hearing, the clerk shall send a notice of hearing to each party of record at least 10 days prior to the hearing date. (b) Contents of notice. All notices required by these sections shall be sent by certified mail, return receipt req…

(a) Classification of pleadings. (1) A pleading is any written document filed by a party alleging its claim, its response to a claim, or its request for specific relief or action. (2) All pleadings must be in writing, must be filed as required in § 17.3 of this title (relating to…

(a) Any motion in any proceeding, unless made on the record during a hearing, shall be in writing, shall be filed in accordance with § 17.3 of this title (relating to Filing of Documents), shall be served on all parties of record, and shall set forth the relief sought and the spe…

(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 …

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…

Administrative action shall become final upon the occurrence of any of the following: (1) failure to submit a written request for a hearing not later than the 30th day after the date on which the notice is served in accordance with § 17.7 (d) of this title (relating to Initiation…

The effective date of an order, unless otherwise stated, is the date of its signing by the commissioner. That date shall be incorporated into the body of the order. Notes 31 Tex. Admin. Code § 17.43 The provisions of this §17.43 adopted to be effective April 22, 1992, 17 TexReg 2…

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 commissioner shall certify farmers markets in accordance with this subchapter. Upon certification of a farmers market, the commissioner shall issue a farmers market certificate. Certified farmers markets agree to comply with local municipal, county and state health and sa…

Grant recipients shall submit required reports in accordance with Department procedures, and as specified in the grant agreement entered into by the Department and the grant recipient. Notes 4 Tex. Admin. Code § 17.706 Adopted by Texas Register, Volume 47, Number 21, May 27, 2022…

(a) An applicant must submit an application in accordance with published MEGA Program guidelines outlined in the official request for grant applications. (b) Eligible applicants shall submit a project request in the format prescribed by the Department as part of the MEGA Program …

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…

(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…

(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) 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) 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) 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) A farmers market's certification may be withdrawn for failure to adhere to any of the requirements set out in § 17.73 of this chapter (relating to Eligibility Requirements), including failure of the farmers market association to enforce any of the mandatory bylaws provisions,…

(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 farmers market is eligible for certification if: (1) a completed farmers market application form is submitted; (2) the applicant has filed annually with the department at the state headquarters in Austin, a copy of the farmers market association bylaws, a list of the members of…

(a) An applicant seeking voluntary certification must submit a completed application on a form approved by the department to the state headquarters in Austin. Application forms may be obtained online at www.texasagriculture.gov . Once the application is received, reviewed and app…

(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) 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…

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…

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…

In addition to the general definitions contained within Title 4, Part 1, Chapter 1, §1.1, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. For purposes of this subchapter, the departmen…

The GO TEXAN Program is an initiative of the Texas Department of Agriculture dedicated to the purposes of promoting and encouraging the development and expansion of markets for Texas agricultural products and other products grown, processed, or produced in the State of Texas. Not…

(a) Purpose. The purpose of these rules is to ensure that the animals at the Texas Department of Agriculture livestock facilities are secured in quarters that meet the requirements and guidelines established by the United States Department of Agriculture and the receiving country…

(a) Purpose. The purpose of this section is to provide for the preservation and location of trust company records to enhance the examination process by the department and to provide flexibility to trust companies in conducting their affairs. A trust company that maintains fiducia…

(a) An advertisement published by or on behalf of a trust company may not include the following: (1) a guaranteed rate of return or interest rate on funds deposited in trust; (2) a statement that tends to deceive or mislead the public; or (3) a term that may deceive the public in…