Texas Administrative Code

(a) Persons or organizations desiring certification as discharge cleanup organizations must apply to the General Land Office (GLO). Application forms are available from the GLO. (b) A discharge cleanup organization must be certified by the GLO to be listed by an owner or operator…

(a) The words and terms defined in Insurance Code Chapter 4201 have the same meaning when used in this subchapter, except as otherwise provided by this subchapter, unless the context clearly indicates otherwise. (b) The following words and terms, when used in this subchapter, hav…

(a) When the General Land Office (GLO) receives notice of an actual or threatened unauthorized discharge of oil into Texas coastal waters, the GLO will determine whether state response action is required. If state response action is required, the GLO will assess the discharge and…

To receive reimbursement from the fund for costs incurred in responding to an unauthorized discharge, a state agency must, within 90 days of the General Land Office's (GLO) declaration of the completion of response actions, submit to the GLO a report of its response activities an…

(a) OSPRA established the fund to provide immediately available compensation for response costs incurred and damages suffered as a result of an unauthorized discharge. The intent of this section is to avoid economic displacement and to simplify resolution of liability issues by c…

(a) The General Land Office (GLO) is required to recover expenditures from the coastal protection fund pursuant to OSPRA, §40.153 and §40.161(a), and therefore the GLO will assess response costs as delineated in this subsection. (b) Whenever the GLO is unable to identify the pers…

An applicant, claimant, or person filing information with the General Land Office (GLO) must make any claim of confidentiality of documentation, records, or information when it is filed with the GLO or the claim of confidentiality is waived. Notes 31 Tex. Admin. Code § 19.6 The p…

(a) Applicability. This subchapter applies to any vessel that operates in the coastal waters of the state of Texas and has a total fuel, lube and cargo tank capacity equal to or exceeding 10,000 U.S. gallons. (b) Definitions. The following words, terms and phrases, when used in t…

The following words, terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other terms are defined in § 19.2 of this title (relating to Definitions). (1) Abandoned vessel--A vessel that has been lef…

(a) Applicability. This subchapter applies to any structure or vessel in or on coastal waters, on public or private lands or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition. (b) Purpose. There has bee…

The following words and phrases, when used in this chapter, shall have the meanings as detailed in this section, unless the context shall clearly indicate otherwise. (1) Alcohol--Ethyl alcohol, sometimes referred to as grain alcohol or ethanol. (2) Approval--Meeting and maintaini…

Denial of entry into port of any vessel without evidence of financial responsibility or without a discharge prevention and response plan in violation of § 19.61 and § 19.62 of this title (relating to Response Plans and Financial Responsibility) shall be done in cooperation with t…

The purpose of the rules that pertain to state facility energy and water management is to achieve all measurable cost effective utility and related operational efficiency improvements, and to reduce unnecessary consumption of natural resources by state agencies and institutions o…

The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Energy and Water Management Plan--A comprehensive plan prepared by a state agency or institution of higher education that includes a pro…

(a) Requirements. The head of a state agency or an institution of higher education shall prepare an Energy and Water Management Plan and submit the plan to SECO. (b) Guidelines. The Energy and Water Management Plan shall be prepared in accordance with the guidelines located on th…

(a) Requirement. A state agency or institution of higher education that purchases utilities shall prepare a long range plan for the delivery of reliable, cost-effective utility services for the agency or institution. (b) Guidelines. SECO shall post guidelines for the Long Range U…

(a) Requirement. Each state agency or institution of higher education shall submit utility consumption data to SECO. (b) Guidelines. SECO shall post guidelines for the submission of utility consumption data on its website. (c) Frequency. Utility consumption data shall be submitte…

(a) A person claiming ownership of a vessel or structure must demonstrate to the satisfaction of the commissioner that the person has a lawful right to possession of a vessel or structure by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel i…

(a) Before removing or disposing of a derelict vessel or structure, an authorized public entity must obtain an order from the commissioner for removal or disposal after notice and an opportunity for hearing as provided in § 40.254 , Texas Natural Resources Code, except that the c…

(a) An authorized public entity has the authority, subject to the processes and limitations of this subchapter, to store, strip, use, auction, sell, salvage, scrap, or dispose of a derelict vessel found on or above submerged lands within the jurisdiction of the authorized public …

Waterfront and offshore facilities are classified based on their capacity to transfer or store oil. Oil that is integral to equipment, such as oil in transformers or lubricating oil in machinery, is not included in determining storage or transfer capacity. (1) Small--A facility t…

(a) Upon applying for a certificate, the applicant must designate a person or persons in charge of the facility for purposes of ensuring that General Land Office (GLO) is notified of unauthorized discharges at the facility and that the facility meets all other requirements of OSP…

(a) An audit is a full review of a facility's or vessel's compliance with the requirements of OSPRA and regulations adopted pursuant thereto. An audit may be announced or unannounced. Audits will be commenced between the hours of 7:00 a.m. and 6:00 p.m. The owner and/or operator …

(a) The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Coastal waters--All tidally influenced waters extending from the head of tide in the arms of the Gulf of Mexico seaward t…

(a) These rules apply to all state agencies and institutions of higher education. (b) Providing agency reporting requirements. A state agency or institution of higher education that occupies or manages a state-owned building and is responsible for the provision of utilities shall…

This subchapter establishes a final rule under the Oil Spill Prevention and Response Act of 1991 (OSPRA), Texas Natural Resources Code, Chapter 40, which became law March 28, 1991. OSPRA supports and complements the Oil Pollution Act of 1990 (OPA), Public Law 101-380 , which beca…

(a) Separate and identifiable escrow accounts are allowed if such accounts meet all requirements of the Insurance Code, Article 21.07-3, and this subchapter. (b) The managing general agent shall maintain all escrow accounts in a bank that is a member of the Federal Reserve System…

(a) To be certified as a continuing education course, the course content must include topics that contribute substantive knowledge relating to the business of insurance and expand the competence of the licensee. Ethics and consumer protection course credit, described in paragraph…

(a) The provider shall submit the course certification application to the department or its designee and include the following information: (1) A certification by the provider that the course meets the minimum requirements as defined in this subchapter; (2) A statement identifyin…

(a) The provider may provide courses open to all licensees or restrict enrollment to licensees of its choice. Restricted enrollment courses shall not be included on lists of courses available to the public. In addition to public offerings, a provider may offer the open registrati…

(a) Continuing education courses may be qualifying courses and certified classroom, classroom equivalent, and self study courses offered by registered providers. (b) Providers shall offer adjuster prelicensing courses only as a complete course of study for the particular adjuster…

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise. (1) CMS--Centers for Medicare and Medicaid Services. (2) CMS marketing guidelines--CMS' published marketing guidelines for use by Medicare …

(a) Credit hours for courses are determined by the methods set forth in paragraphs (1) - (7) of this subsection. (1) TDI will award credit for certified classroom courses at the rate of one hour for every 50 minutes of actual instruction contact time. All classroom courses must b…

(a) Providers must use, at a minimum, actual attendance rosters to certify completion of a certified classroom or one-time-event continuing education course or a certified classroom certification course. TDI requires each student to attend at least 90% of the course. Providers mu…

(a) Information on provider registration, course registration, sample certificates of completion, and the list of courses can be obtained from the department's website. (b) The department establishes the following nonrefundable fees, which are necessary to administer the continui…

(a) Licensees and adjuster applicants must provide evidence of completion of courses to TDI or its designee upon request. Each licensee must maintain evidence of each course completed for a period of at least four years from the date of completion of the course for the purpose of…

The State Board of Insurance adopts and incorporates herein by reference forms for use in administrative licensing and regulation of managing general agents. These forms are published by the State Board of Insurance and may be obtained from the Agents' Licensing Division, Mail Co…

(a) This subsection imposes the requirements set out in paragraph (1) and paragraph (2) of this subsection upon contracts between a managing general agent (MGA) and insurers in effect prior to the effective date of this subchapter. (1) Oral contract. Every oral contract between a…

(a) A provider applicant seeking initial registration or renewal registration from the department as a continuing education provider, adjuster prelicensing education provider, or certification course provider shall submit to the department or its designee, an application on forms…

For any errors and omissions policy used to satisfy the financial responsibility requirement under the Insurance Code, Article 21.07-3, §4C(a)(1), the State Board of Insurance shall be a certificate holder and shall receive a copy of any cancellation or nonrenewal notice. Notes 2…

A person may not act as or hold himself out to be a risk manager in the State of Texas unless the person meets the requirements of the Insurance Code, Article 21.14-1, and the rules of the board and is licensed by the board. An offense is committed if a person violates or does no…

These rules govern the licensure and activities of brokers and managers who are licensed under the Reinsurance Intermediary Act, Texas Insurance Code, Article 21.07-7. These sections are supplementary to and cumulative of existing statutes. In the case of an ambiguity or contradi…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The State Board of Insurance. (2) Broker--A person other than an officer or employee of an insurer, who solicits, negotiates,…

Any reinsurance intermediary must file and maintain a bond with the commissioner for the protection of all insurers represented or file and maintain an errors and omissions policy, meeting the following criteria. (1) The bond must be executed by the reinsurance intermediary as pr…

If the contract between an insurer and its manager provides for a sharing of interim profits by the manager, interim profits may not be paid until five years after the end of each underwriting period for casualty business, one year after the end of each underwriting period for pr…

(a) A local recording agent may charge a client a service fee to reimburse the agent for actual costs as specifically enumerated in and in accordance with the Insurance Code, Article 21.35A(b). A local recording agent may also charge a client a reasonable service fee for those it…

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise: (1) Individuals responsible for conducting the program operator's affairs--Individuals with the power to direct or cause the direction of t…