Texas Administrative Code

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…

(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…

(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…

The chapter applies to suspensions, disqualifications, and denials of driver's licenses arising under the provisions of Administrative License Revocation (ALR), including Texas Transportation Code, Chapters 522, 524, and 724. Notes 37 Tex. Admin. Code § 17.1 The provisions of thi…

The department shall give full faith and credit to convictions, suspensions, denials, and disqualifications arising in other states. Notes 37 Tex. Admin. Code § 17.10 The provisions of this §17.10 adopted to be effective August 19, 1999, 24 TexReg 6310

(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) 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) 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…

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) Administration by comptroller. A state agency interested in accepting credit, charge, and debit cards will contact the comptroller's office. The comptroller's office will determine whether it is in the best interest of the state for the state agency to accept credit, charge, …

(a) Knowledge of a license suspension or disqualification is presumed if a peace officer served notice of suspension or disqualification on the person, or if the department mailed notice of suspension or disqualification to the person's address of record and to the person's curre…

(a) A statement of grounds must set out in detail the reasons for disagreement with the findings or requirements of the notice and/or penalty assessed and shall include the factual and legal basis for the dispute. (b) To the extent practicable, a statement of grounds shall be acc…

(a) An owner or operator, lienholder, or interested party who disagrees with the findings or requirements of the notice or any penalty, and who wishes to request a hearing for reconsideration or redetermination by the agency of the findings, requirements, or penalty, shall file w…

(a) The commissioner may recover a penalty of not less than $50 or more than $1,000 for each day that a person constructs, owns, operates, possesses, or exercises control over an unauthorized structure or facility on state land. (1) In determining penalties to be assessed under t…

The comptroller may suspend or terminate a state agency's authority to accept payments by credit, charge and debit card if the comptroller determines that the state agency or an officer or employee of the state agency has violated this chapter or Government Code, § 403.023 . Note…

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…

Exhibits of documentary character shall not unduly encumber the files and records of the General Land Office. (1) Tender and service. Where practical, the original of each exhibit offered shall be tendered to the examiner for identification. At the discretion of the examiner, a c…

The examiner shall have the right in any proceeding to limit testimony which is merely cumulative. Notes 31 Tex. Admin. Code § 17.34 The provisions of this §17.34 adopted to be effective April 22, 1992, 17 TexReg 2472.

(a) Post-hearing briefs may be requested by the examiner prior to and after the filing of the examiner's proposal for decision. (b) Briefs shall conform, where practicable, to the requirements set out in § 17.12 of this title (relating to Pleadings). The issues involved shall be …

(a) Contents of record. The record in a contested case includes: (1) all pleadings, motions, briefs, and interim orders; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings on objections; (…

In either a contested or an uncontested case, if the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the hear…

The remedies under Texas Natural Resources Code § 51.302 and § 51.3021 are cumulative and not exclusive. The Texas Natural Resources Code does not require exhaustion of administrative remedies as a condition precedent to any other remedy, nor does it prohibit any person from brin…

(a) Comportment. All parties, witnesses, attorneys, and other representatives shall conduct themselves during all agency proceedings with dignity, courtesy, and respect for the agency, its hearing examiner, and all other parties and participants. Attorneys shall observe all rules…

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…

(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…

(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) 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 …

(a) In order to be granted a positive use determination, a political subdivision shall submit to the executive director: (1) a Texas Commission on Environmental Quality application form or a similar reproduction; and (2) the appropriate fee, under § 18.30 of this title (relating …

(a) A corrected/amended 8-day pre-election report substantially complies with the applicable law and will not be assessed a late fine under § 18.9 of this title (relating to Corrected/Amended Reports) if:(1) The original report was filed in good faith and the corrected/amended re…

Following submission of the information required by § 18.10 of this title (relating to Application for Use Determination), the executive director shall determine whether the pollution control property is used wholly or partly to meet the requirements of a permit issued by the com…

Unless specifically defined in the Texas Clean Air Act (TCAA), the Texas Solid Waste Disposal Act (TSWDA), the Texas Water Code (TWC), the Texas Tax Code (TTC), the Texas Health and Safety Code (THSC), or in the rules of the commission, the terms used by the commission have the m…

(a) A filer may ask the commission to waive or reduce a civil penalty determined by §§ 305.033(b) or 572.033(b) of the Government Code, or § 254.042(b) of the Election Code by submitting a written request to the Commission. (b) The commission will not consider a request under sub…

(a) For purposes of determining whether a filer is eligible for a waiver or reduction of a civil penalty under § 18.25 or § 18.26 of this title (relating to Administrative Waiver or Reduction of Certain Statutory Civil Penalties and Administrative Waiver or Reduction of Statutory…

(a) For the property listed on the Tier I Table located in this subsection that is used wholly for pollution control purposes, a Tier I application is required. A Tier I application must not include any property that is not listed in this subsection or that is used for pollution …

The Expedited Review List in this section is a nonexclusive list of facilities, devices, or methods for the control of air, water, and/or land pollution. This table consists of the list located in Texas Tax Code, § 26.045(f) with changes as authorized by Texas Tax Code, § 26.045(…

A partial determination must be requested for all property that is in the figure in § 18.26 of this title (relating to Expedited Review List) or that is not wholly used for pollution control, except for property that is on the Tier I Table located in § 18.25(a) of this title (rel…

(a) Pursuant to section 571.064 of the Government Code, the reporting thresholds are adjusted as follows: Attached Graphic Attached Graphic Attached Graphic Attached Graphic Attached Graphic (b) The changes made by this rule apply only to conduct occurring on or after the effecti…

(a) Fees shall be remitted with each application for a use determination as required in paragraphs (1) - (2) of this subsection. (1) Tier I Application. A $150 fee shall be charged for applications which contain only property that is listed in the figure in § 18.25(a) of this tit…

(a) An excavator shall comply with the requirements of Texas Health & Safety Code, Subchapter H, relating to Construction Affecting Pipeline Easements and Rights-of-Way. (b) When excavation is to take place within the specified tolerance zone, an excavator shall exercise such rea…

(a) Each operator of an underground pipeline shall report to the Commission all damage to its pipelines caused by an excavator. Within 30 days of the damage incident or of the operator's actual knowledge of the damage incident, an operator shall submit the information to the Comm…

(a) Policy. Improved safety and environmental protection are the desired outcomes of any enforcement action. Encouraging operators, excavators, and other persons to take appropriate voluntary corrective and future protective actions once a violation has occurred is an effective c…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Damage--Includes but is not limited to: (A) defacing, scraping, displacement, penetration, destruction, or partial or complete severanc…

(a) The department shall have a registered logo as an organic certification mark. The logo shall include the phrase "Texas Department of Agriculture Certified Organically Produced" and shall take the following form: Attached Graphic (b) Use of logo. (1) All use and placement of t…

(a) This chapter implements the authority of the Railroad Commission of Texas (Commission) under Texas Natural Resources Code, § 117.012 , Texas Utilities Code, § 121.201 , and Texas Health and Safety Code, § 756.126 . Except as provided in subsection (d) of this section, this ch…

(a) To obtain a positive use determination, the pollution control property must be used, constructed, acquired, or installed wholly or partly to meet the requirements of a permit issued by the commission. In addition, pollution control property must meet the following conditions:…