Texas Administrative Code

(a) The trust account shall balance the present needs and interests of the political subdivisions with those of the future. The trust account distribution objectives shall be to: (1) provide a predictable, stable stream of distributions over time; (2) ensure that the inflation-ad…

The purpose of this chapter is to establish the procedure and mechanism for a political subdivision to apply to the Texas Commission on Environmental Quality (commission) for a determination that the installation or construction of a facility, device, or method for the control of…

An annual meeting of the investment advisory committee shall be held on or before April 1st of each calendar year. The comptroller shall report to the investment advisory committee the performance of the trust account for the preceding calendar year. The investment advisory commi…

(a) Purpose. The comptroller is required by Government Code, § 403.1041 , to administer the Tobacco Settlement Permanent Trust Account (trust account) and manage the assets of the trust account with the advice of and in consultation with the Tobacco Settlement Permanent Trust Acc…

The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart A, Definitions, §205.2. Notes 4 Tex. Admin. Code § 18.3 The provisions of this §18.3 adopted to be effective September 1, 2011, 36 TexReg 5355

The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart C, Organic production and handling requirements, §§205.200 - 205.299. Notes 4 Tex. Admin. Code § 18.200 The provisions of this §18.200 adopted to be effective September…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Broker--An operation that facilitates the buying and selling of an agricultural product but does posses ownership rights or handle the …

The Texas Department of Agriculture hereby adopts by reference 7 Code of Federal Regulations, Part 205, Subpart B, Applicability, §§205.100 - 205.199. Notes 4 Tex. Admin. Code § 18.100 The provisions of this §18.100 adopted to be effective September 1, 2011, 36 TexReg 5355

For the purpose of the regulations in this subchapter, words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand. Notes 4 Tex. Admin. Code § 18.1 The provisions of this §18.1 adopted to be effective December 14, 2003, 28 TexReg 10915

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 THGAAC shall hold regular quarterly meetings. The THGAAC may hold such other meetings at such other times and places as it may schedule in formal session. The chair may call special meetings of the advisory commission at his or her discretion, provided that 10-days' notif…

(a) Pursuant to Texas Government Code Section 448, the Texas Holocaust, Genocide, and Antisemitism Advisory Commission (THGAAC) performs its statutory duties as an advisor to the Texas Historical Commission (THC) consistent with Government Code Chapter 442. (b) THGAAC shall provi…

(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…

(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) The categories of fees that may be incurred by an operation applying for initial certification or annual update of certification are as follows: new application fee, certification fees, administrative fees, and additional service fees: (1) New Application Fee: $400. An applic…

An applicant for certification may appeal the department's notice of denial of certification, and a certified operation may appeal the department's notification of proposed suspension or revocation of certification to the Administrator, pursuant to 7 Code of Federal Regulations, …

(a) Persons who believe that they are adversely affected by a noncompliance decision of the department may appeal such decision to the Administrator, pursuant to 7 Code of Federal Regulations, §205.681. (b) All written communications between parties involved in appeal proceedings…

(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) 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…

All currently certified operations and all operations in application status for certification are subject to unannounced inspections. TDA will conduct unannounced inspections pursuant to 7 CFR Part 205, § 205.403 and § 205.670 . (1) Operations will not incur a fee when selected b…

Any certification issued under this chapter is not transferable. Notes 4 Tex. Admin. Code § 18.400 The provisions of this §18.400 adopted to be effective September 1, 2011, 36 TexReg 5355; Adopted by Texas Register, Volume 42, Number 48, December 1, 2017, TexReg 6790 , eff. 12/7/…

(a) Land that meets the requirements of 7 Code of Federal Regulations Part 205, §205.202(a) and (c) may be certified as transitional. (b) Crops planted and harvested from transitional land after the last application of a prohibited substance or excluded method (as established in …

(a) Pursuant to Government Code § 448.101(c) THC may provide matching grants to assist in the implementation of the THGAAC's goals and objectives. (b) On an annual basis and with the advice of the THGAAC, THC shall set a maximum amount that will be available for grants and establ…

The THC may enter into a relationship with a non-profit organization, the purpose of which is to raise funds for or provide services or other benefits to the THGAAC. The relationship between the non-profit and THGAAC, including the detailed roles of each entity, must be reduced t…

(a) The THC may enter into contracts with one or more non-profit organizations to assist the advisory commission in fulfilling its duties. (b) Each such contract shall clearly establish the role of the non-profit, the nature of the relationship between the non-profit and the THC …

(a) Any person with cause to believe that any provision of this chapter or the National Organic Program Regulations has been violated may file a complaint in writing, or by phone, facsimile, or e-mail with the department setting forth the facts of the alleged violation. (b) The d…

In addition to any other fine assessed under this chapter, the commission may vote to impose a fine of $2,500 against a filer whose report is more than 30 days late and who has not paid the penalty related to that report within 10 days after receiving the commission notice of lat…

(a) A filer may correct/amend a report filed with the commission or a local filing authority at any time. (b) A corrected/amended report must clearly identify how the corrected/amended report is different from the report being corrected/amended. (c) A filer who files a corrected/…

(a) Except as provided by subsection (b) or (c) of this section, the fine is $500 for: (1) a late report required to be filed with the commission under Election Code chapter 254 or 257, Government Code chapter 305, or Government Code chapter 572; or (2) a late report filed with t…

(a) The executive director shall apply this section to a late report subject to a statutory civil penalty of not more than $500. (b) The executive director shall use the following chart to determine the level of waiver or reduction of a civil penalty under this section: Attached …

(a) A locator shall use all information necessary to mark underground pipelines accurately. (b) Locators shall mark the approximate center line of an underground pipeline. (c) If, in the process of marking an underground pipeline, a locator discovers a customer-owned underground …

(a) After complying with the notice requirements of § 18.3 of this title, relating to Excavator Notice to Notification Center, an excavator and an operator may jointly establish the protocols applicable to an excavation site in the vicinity of underground pipelines based on the p…

(a) The executive director shall prescribe forms for statements and reports required to be filed with the commission. (b) The executive director may issue a certificate approving a form submitted to the commission for approval if the form: (1) provides for the reporting of all in…

(a) The executive director shall apply this section to a late report subject to a statutory civil penalty in excess of $500. (b) The executive director shall use the following chart to determine the level of waiver or reduction of a civil penalty under this section: Attached Grap…

A local filing authority shall make the appropriate form available for use by persons required to file a report with that filing authority. Notes 1 Tex. Admin. Code § 18.3 The provisions of this §18.3 adopted to be effective January 6, 2002, 27 TexReg 130

(a) A report is timely if it is complete and is filed by the applicable deadline using the reporting method required by law. (b) The deadline for any report filed electronically with the commission is midnight Central Time Zone on the last day for filing the report under the law …

(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 filer who has been notified by the commission that a report is late but who filed the report on or before the deadline may submit an affidavit to the executive director swearing that the report was timely filed. Notes 1 Tex. Admin. Code § 18.19 The provisions of this §18.19 ado…

When a filer is required to identify the office sought by a candidate or held by an officeholder, the filer shall list the title of the public office, including the district and, if the office is an office of a political subdivision, the name of the political subdivision. Notes 1…

(a) The payment of a civil or criminal fine for failure to file a report, or for filing a report late, does not satisfy a filer's obligation to file the report. Late fines continue to accrue until the report is filed. (b) A filer, other than the treasurer of a political committee…

The comptroller's administration of the trust account and management of the assets of the trust account, including revisions to the comptroller's investment policy statement, shall be with the advice of and in consultation with the investment advisory committee. Notes 34 Tex. Adm…

The rules under Texas Administrative Code, Title 34, Part 1, Chapter 18, shall be reviewed annually by the comptroller. Notes 34 Tex. Admin. Code § 18.8 The provisions of this §18.8 adopted to be effective November 16, 2000, 25 TexReg 11292; amended to be effective March 27, 2003…

The investment advisory committee shall order an annual audit of compliance with these rules and the investment policy statement. Notes 34 Tex. Admin. Code § 18.7 The provisions of this §18.7 adopted to be effective November 16, 2000, 25 TexReg 11292; amended to be effective Marc…

Distributions from the trust account to the beneficiaries shall be made annually as soon as practicable after the Texas Department of Health makes the certification to the comptroller required under Health & Safety Code, Chapter 12, Subchapter J, including the percentage of each …

Meetings of the investment advisory committee may be called by the chair of such committee, or by the comptroller or the comptroller's designee. Notes 34 Tex. Admin. Code § 18.4 The provisions of this §18.4 adopted to be effective November 16, 2000, 25 TexReg 11292; amended to be…

(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:…

(a) Applicability. This section applies to any person who operates a waterfront or offshore facility. If an operator controls part of a facility which is waterfront or offshore, the entire facility in which oil is handled or stored under the control of that operator must be cover…