Texas Administrative Code

(a) A public insurance adjuster may not, directly or indirectly, act within this state as a public insurance adjuster without having first entered into a written contract executed in duplicate by the licensee and the insured or the insured's duly authorized representative. (b) A …

(a) An applicant for a temporary license must be an individual Texas resident and must submit to TDI's designated testing service: (1) the fully completed temporary license application and original application for license; and (2) all required fees, including the original applica…

(a) License expiration dates will be determined as provided in Insurance Code § 4003.001 . Individual licenses will expire at the end of the individual's birth month. (b) If the applicant has an existing license and obtains another new license, the initial license period of the n…

To continue to be licensed, including as an agent, adjuster, or public insurance adjuster, a nonresident individual licensee who relocates to Texas during the existing license term must, within 30 days of relocating to Texas, submit to TDI a completed application that meets the r…

(a) Applicability. This section applies to the renewal of a license and application for an expired license under Insurance Code Title 13, concerning Regulation of Professionals, that was issued or renewed on or after November 1, 2015. (b) Conflicts with other sections. To the ext…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Agent--Any individual, partnership, or corporation which obtains from the Texas Department of Insurance a license or a certificate of auth…

(a) Only one license of the same type permitted. No agent may hold more than one license of the same type currently in effect. An agent doing an insurance business subject to the provisions of this subchapter must have the agent's license certificate issued in the agent's true na…

(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 …

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…

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…

The following words and terms have the following meanings when used in this subchapter unless the context clearly indicates otherwise. (1) Adverse determination regarding a preauthorization exemption--A decision by an issuer that one or more claims retrospectively reviewed as par…

(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) The words and terms defined in Insurance Code Chapter 1301, concerning Preferred Provider Benefit Plans, and Chapter 843, concerning Health Maintenance Organizations, have the same meaning when used in this section, except as otherwise provided by this subchapter, unless the …

(a) The words and terms defined in Insurance Code Chapter 1301 and Chapter 843 have the same meaning when used in this section, except as otherwise provided by this subchapter, unless the context clearly indicates otherwise. (b) An HMO or preferred provider benefit plan that requ…

(a) Notification for life-threatening conditions. For life-threatening conditions, notification of adverse determination by a URA must be provided within the timeframes specified in § 19.1709 (e)(3) of this title (relating to Notice of Determinations Made in Utilization Review). …

(a) Application. To be certified or registered as a specialty URA, an applicant must submit to TDI the application, information, and fee required in § 19.1704 of this title (relating to Certification or Registration of URAs). (b) Same specialty required. A specialty URA must cond…

A fraudulent or deceptive act or omission in obtaining, attempting to obtain, or use of certification or registration as a URA is a violation of Insurance Code Chapter 4201. The commissioner's authority under this subchapter is in addition to any other authority to enforce a sanc…

(a) Complaints to TDI. Complaints received by TDI against a URA must be processed under TDI's established procedures for investigation and resolution of complaints. (b) TDI inquiries. TDI may address inquiries to a URA related to any matter connected with URA transactions that TD…

(a) Confidentiality requirements. To ensure confidentiality, a URA must, when contacting a physician's, doctor's, or other health care provider's office, provide its certification number, name, and professional qualifications. (1) If requested by the physician, doctor, or other h…

(a) Not later than 60 days before the date a person's registration as a discount health care program operator expires, the department will send a written registration renewal notice to the email address designated for such communications by the regulated person. (b) In the absenc…

(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…

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…

Owners and operators of vessels shall establish and maintain evidence of financial responsibility for costs and damages from unauthorized discharges of oil pursuant to any applicable federal law. Notes 31 Tex. Admin. Code § 19.62 The provisions of this §19.62 adopted to be effect…

(a) Vessel Response Plan Requirements. (1) Owners and operators of vessels subject to this subchapter are required to prepare and maintain written, vessel-specific discharge prevention and response plans. A tank or nontank vessel response plan approved by the U.S. Coast Guard sat…

To determine natural resource damages for purposes of an action under OSPRA, the General Land Office (GLO) may use the natural resource damages assessment methods adopted pursuant to Chapter 20 of this title (relating to Natural Resource Damage Assessment) or the methods by the U…

(a) Waste from unauthorized discharges must be disposed of only at sites that have all necessary permits to accept the type of waste discharged. (b) All responsible persons and discharge cleanup organizations engaged in spill response operations shall minimize the generation of w…

(a) Other than persons employed by the responsible person or certified discharge cleanup organizations under contract with the responsible person, or any person conducting initial emergency response assistance, no person shall conduct cleanup operations without the approval of th…

(a) In the event of an actual or threatened unauthorized discharge of oil into Texas coastal waters, it is the duty of the responsible person to immediately initiate response action, or to ensure that the person in charge will initiate response action. The responsible person is t…

(a) To report an actual or threatened unauthorized discharge of oil into Texas coastal waters, phone the General Land Office (GLO) at 1-800-832-8224. This line will be staffed at all times. (b) The person in charge of the facility or vessel from which an unauthorized discharge em…

The General Land Office (GLO) has jurisdiction over and will respond to any actual or threatened discharge of oil that enters or threatens to enter coastal waters. Notes 31 Tex. Admin. Code § 19.31 The provisions of this §19.31 adopted to be effective February 21, 1992, 17 TexReg…

(a) Officers, employees, or authorized agents of the General Land Office (GLO) may enter and inspect any land, building, facility, vessel, device, equipment, or other property to respond to an unauthorized discharge, to determine compliance or noncompliance with OSPRA or any rule…

(a) Applicability of certification or registration requirements. A person acting as or holding itself out as a URA under this subchapter must be certified or registered, as applicable, under Insurance Code § 4201.057 , concerning Health Maintenance Organizations; Insurance Code §…

(a) Limitations on applicability. Except as provided in Insurance Code Chapter 4201, this subchapter applies to utilization review performed under workers' compensation insurance coverage. This subchapter does not affect the authority of TDI-DWC to exercise the powers granted to …

(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) 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) 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 …

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…

Pursuant to Government Code, § 447.004 , state agencies and institutions of higher education shall use the energy and water conservation design standards that SECO has adopted under this chapter, when constructing new state buildings or conducting major renovations of existing st…

The business office of the State Energy Conservation Office (SECO) is located at Lyndon Baines Johnson (LBJ) State Office Building, 111 E. 17th Street, Austin, Texas 78774. The mailing address for SECO is: State Energy Conservation Office, Comptroller of Public Accounts, P.O. Box…

(a) SECO adopts by reference the following minimum energy standards for state agencies and institutions of higher education: (1) for any new construction or major renovation project, except low-rise residential buildings, with a design assignment made on or after January 1, 2021,…

For the purposes of this subchapter, a major renovation project is a building renovation or improvement where the implementation cost associated with energy or water efficiency improvements is $2 million or more, based on the initial engineering cost estimate. Notes 34 Tex. Admin…

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…

(a) In addition to other restrictions that may apply: (1) In a quarantined area, any regulated article intended for interstate movement, distribution or sale shall conform to: (A) the requirements of 7 C.F.R. 301.76 ; and (B) those requirements of § 19.622 of this subchapter (rel…

(a) Training. Each new Texas Main Street City will receive at no charge basic training for its Main Street manager at the beginning of the program. All new Main Street boards will receive at no charge comprehensive board training at the beginning of their city's Main Street Progr…

(a) Application to the program. Applications to the program are due annually on the last working day of July or other dates established by the Commission. (b) Eligibility. Cities with population of 50,000 or fewer may apply to the Main Street Program as a Texas Main Street Small …

(a) Definitions. Words and terms used in this subchapter that are defined in Finance Code, § 181.001 et seq. have the same meanings as defined therein. The following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicat…