Texas Administrative Code

(a) A barrier required under § 21.706 of this subchapter must be determined by the department to be sufficient to prevent the normal passage of vehicular traffic from entering the site of the pit. (b) The design of the barrier must be approved by the department to insure proper p…

(a) No responsible party may open a new pit on a site for the extraction of aggregates if the pit perimeter will be less than 25 feet from the outer right of way line of any public road or highway ("the setback distance"). (b) No responsible party may open a new pit on a site for…

The quarry safety plan required to be filed for new pits in hazardous proximity to a public road opened from and after November 1, 1991, must: (1) detail how the applicant intends to comply with the safety provisions of this subchapter in opening and closing the pit; (2) contain …

After the acquisition of real property and to the extent deemed fair and reasonable by the department, an owner may be reimbursed for expenses necessarily incurred for the following: (1) recording fees, transfer taxes, and similar expenses incidental to conveying such real proper…

(a) The term rail facility, when used in this subchapter, shall have the definition as set forth in Transportation Code, § 91.001 . Except as otherwise provided herein, the department will comply with policies and procedures prescribed in 43 TAC Chapter 21, Subchapters A (relatin…

(a) Except as otherwise provided herein, the department will comply with policies and procedures prescribed in 43 TAC Chapter 21, Subchapter F of this title (relating to Disposal of Real Estate Interests) in the sale, conveyance or other disposition of any rights or other interes…

Based on a detailed study of current operations of land use, the department shall determine the necessity, location, and design of all passes and cattle guards. The use of a pass across the right-of-way may be by permit, contractual agreement, or retention of pass rights in the c…

When whole properties are acquired for highway right-of-way purposes, payment is to be made of all delinquent taxes using funds withheld from the compensation due the owner. When partial takings are acquired, the department will cooperate with taxing agencies in the payment of al…

This subchapter prescribes the accommodation, location, method of installation, adjustments, removal, relocation, and maintenance of utility facilities within state railroad right of way. It was developed in the interest of safety, protection, utilization, and future development …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) AREMA--American Railroad Engineering and Maintenance of Way Association. (2) ANSI--American National Standards Institute. (3) Backfi…

For railroads under department jurisdiction, the provisions of this subchapter apply to: (1) new utility installations, including replacement of an existing facility with the same facility or a facility of a different type or design; (2) additions to existing utility installation…

(a) The director may execute the lease of the premises for the installation, operation, and maintenance of a saltwater pipeline facility if the director finds that: (1) there is sufficient area within the right of way to accommodate the saltwater pipeline facility; (2) the area p…

(a) To lease an area within the right of way a person must submit, at the person's sole expense, a written application to the district administrator of the district in which the right of way is located. The application must be in a form approved by the department and must include…

(a) The center of a sign may not be located within 250 feet of the nearest point of the boundary of a public space. (b) This subsection applies only if a public space boundary abuts the right of way of a regulated highway. A sign may not be located within 1,000 feet of the bounda…

To provide information for the department to accurately calculate a license holder's license renewal fee, a license holder must provide to the department, in the manner prescribed by the department, notice of the removal of any sign of the license holder not later than the 90th d…

(a) A lease under this subchapter must be in writing, be executed by the director, and contain the terms specified in this section. (b) The department may not execute a lease that would impair or relinquish the state's right to use the property when needed to construct or improve…

(a) A responsible party for an active pit in hazardous proximity to a public road must construct a barrier or other device between the public road adjoining the site and the pit. (b) A responsible party for an abandoned or inactive pit which is both in hazardous proximity to a pu…

(a) The amount of the fee for the license application under this subchapter is $125. (b) The amount of the annual license renewal fee for a calendar year is equal to: (1) $75; plus (2) the amount computed by multiplying $75 by the total number of valid permits and valid credits i…

All payments received under this subchapter will be deposited into the state highway fund. Notes 43 Tex. Admin. Code § 21.966 Adopted by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7954 , eff. 10/12/2014

(a) The department will terminate a lease under this subchapter if the saltwater pipeline facility operator does not obtain all required governmental approvals or permits. (b) The department may terminate a lease under this subchapter if in the department's sole opinion: (1) the …

All matters relating to the leasing of federal-aid highway right of way are subject to the approval of the Federal Highway Administration. Notes 43 Tex. Admin. Code § 21.968 Adopted by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7954 , eff. 10/12/2014

A saltwater pipeline operator's use of right of way under a lease under this subchapter does not constitute an abandonment of the right of way by the department, nor create a property interest in the lessee. Notes 43 Tex. Admin. Code § 21.969 Adopted by Texas Register, Volume 39,…

(a) A sign may not be erected along a regulated highway that is outside an incorporated municipality in an area that is adjacent to or within 1,000 feet of: (1) an interchange or intersection; or (2) a rest area, ramp, or the highway's acceleration or deceleration lanes. (b) The …

(a) The department may authorize a political subdivision, as a certified city, to exercise control over commercial signs in its jurisdiction. If the political subdivision receives approval under this section, it will be listed as a certified city and a permit issued by that polit…

(a) A sign face may not exceed: (1) 672 square feet in area; (2) 25 feet in height; and (3) 60 feet in length. (b) For the purposes of this subsection (a) of this section, border and trim are included as part of the sign face, and the base, apron, supports, and other structural m…

The department may consider a sign abandoned and cancel the sign's permit if: (1) all sign faces are blank or without legible content; (2) the sign structure requires more than customary maintenance to be repaired; or (3) the sign structure is overgrown by trees or other vegetati…

(a) The department will impose administrative penalties, as authorized under Transportation Code, § 391.0355 , against a person who violates Transportation Code, Chapter 391 or this subchapter. Penalties accrue beginning on the day that the notice of administrative penalty is sen…

(a) An unlawful sign is a commercial sign that: (1) is erected or maintained without obtaining a permit required under § 21.153 of this subchapter (relating to Permit Required); (2) is not removed after its permit is canceled under § 21.173 of this subchapter (relating to Void Pe…

(a) The department will make a decision on an application within 60 days of the date of receipt of the application. If the decision cannot be made within the 60 day period, the department will notify the applicant of the delay providing the reason for the delay, and provide an es…

(a) A sign may not contain or be illuminated by any flashing, intermittent, or moving lights, including any type of screen using animated or scrolling displays, except that this subsection does not apply to a sign that only provides public service information, such as time, date,…

(a) The department will consider permit applications in the order of the receipt of the applications. (b) If an application is rejected because it is not complete or has incorrect information, the application loses its priority position and a copy of the application will be sent …

(a) Recommended maintenance form. The recommended form for complaint record maintenance is available on TDI's website at www.tdi.texas.gov/forms . (b) Texas Department of Insurance Complaint Record Form. Attached Graphic Notes 28 Tex. Admin. Code § 21.2505 The provisions of this …

The purpose of these sections is to identify specific acts or practices which are prohibited by Insurance Code § 541.057 and § 544.002 . Notes 28 Tex. Admin. Code § 21.701 The provisions of this §21.701 adopted to be effective June 17, 1983, 8 TexReg 1914; amended to be effective…

The use in any manner of the protection afforded by the Life and Health Insurance Guaranty Association Act (the Act) by any person in the sale of any product included within the scope of the Act (Insurance Code Chapter 463) will constitute unfair competition and unfair practices …

(a) In-network negotiated rate file schema. For the "in-network-rates" file published under this subchapter, an issuer must include data elements consistent with the In-Network File Schema contained in Machine-Readable Files: Data Schemas (version 1.1), published on the departmen…

(a) Required machine-readable files. Issuers must publish the following machine-readable files consistent with Insurance Code Chapter 1662, Subchapter C, concerning Required Public Disclosures, and the rules under this subchapter: (1) an in-network negotiated rates file, containi…

(a) Except as provided in subsections (b) and (c) of this section, this subchapter applies to issuers of health benefit plans as specified in Insurance Code § 1662.003 , concerning Applicability of Chapter, that provide major medical coverage for which federal reporting requireme…

(a) Except as otherwise provided in this section, the term of office for seats on the stakeholder advisory group, as specified by Insurance Code § 38.403 , concerning Stakeholder Advisory Group, is three years. (b) Initial terms of office for the members of the stakeholder adviso…

(a) Applicability. (1) This subchapter is applicable to an individual, group, blanket, or franchise insurance policy, insurance agreement, health maintenance organization evidence of coverage, group hospital services contract, or employee benefit plan that provides benefits for h…

(a) This section applies to a health benefit plan issuer or administrator that is subject to one of the following statutes: (1) Insurance Code § 1271.159 , concerning Non-Network Emergency Medical Services Provider; (2) Insurance Code § 1275.054 , concerning Out-of-Network Emerge…

(a) A plan sponsor of a self-insured or self-funded plan may elect to participate under Insurance Code Chapter 1275, concerning Balance Billing Prohibitions and Out-of-Network Claim Dispute Resolution for Certain Plans, by providing identifying information to the Texas Department…

(a) Required submission. A health benefit plan issuer or administrator must submit information to the benchmarking database organization selected by the Commissioner as required by this section. (b) Information required. For each geozip in Texas, a health benefit plan issuer or a…

(a) Written complaint. A party may submit a written complaint on the department's website regarding the settlement of an out-of-network health benefit claim that is subject to Insurance Code Chapter 1467. (b) Complaint information. The recommended information for filing a complai…

Under Insurance Code § 1467.101 (concerning Bad Faith), conduct that constitutes bad faith arbitration includes failing to: (1) participate in the informal settlement teleconference under §1467.084(d) or an arbitration; (2) provide information that the arbitrator believes is nece…

A party subject to mandatory arbitration requested by an out-of-network provider or a health benefit plan issuer or administrator under this division must use best efforts to coordinate an informal settlement teleconference, as required by Insurance Code § 1467.084 (concerning Av…

(a) Arbitration request and notice. (1) An out-of-network provider or a health benefit plan issuer or administrator may request arbitration. To be eligible for arbitration, the party requesting arbitration must complete the arbitration request information required on the departme…

(a) Required criteria. An out-of-network provider that is not a facility or a health benefit plan issuer or administrator may request mandatory binding arbitration of an out-of-network claim under § 21.5021 of this title (relating to Arbitration Request Procedure) if the claim co…