Texas Administrative Code

(a) All matters relating to the leasing of federal-aid highway right of way are subject to the approval of the Federal Highway Administration. (b) The use of leased right of way beneath the established gradeline of a highway shall provide sufficient vertical and horizontal cleara…

A lease for highway assets shall be in written form approved by the director and shall include: (1) information necessary to contact the party responsible for developing and operating the leased asset; (2) the amount of the rent, any required deposits, the term of the lease, and …

(a) The department may, in its sole discretion, award a lease by any method it determines to be in its best interest. (b) Prior to the date of the lease award, notice of real property available for lease may be published on the TxDOT website. When a lease is awarded on a sealed b…

(a) The commission may authorize the lease of a highway asset if it finds that: (1) the interest to be leased will not be needed for highway purposes during the period of the lease; (2) the lease is for a purpose that is not inconsistent with the applicable highway use; and (3) t…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Department--The Texas Department of Transportation. (3) Director--The director o…

(a) Joint use agreement forms are to be used when a utility has a prior property interest which is being retained within the highway right of way, and: (1) when in connection with active highway projects an adjusted or relocated utility facility occupies that part of the highway …

(a) If a sign permit is denied, the applicant may file a request with the executive director for an appeal. (b) The request for appeal must: (1) be in writing; (2) contain: (A) a copy of the denied permit application; (B) a statement of why the denial is believed to be in error; …

(a) The department will cancel a permit for a commercial sign if the sign: (1) is not maintained in compliance with this subchapter or Transportation Code, Chapter 391; (2) is destroyed, as determined under § 21.185 of this subchapter (relating to Damage to or Destruction of a Co…

(a) A permit does not expire, but it becomes voided on the date that the license under which it is maintained is terminated under § 21.147 of this subchapter (relating to License Renewals) or is revoked by the department under § 21.152 of this subchapter (relating to License Revo…

(a) Notwithstanding the amounts of the fees set by § 21.148 of this subchapter (relating to License Fees) and § 21.171 of this subchapter (relating to Permit Application Fee), the combined license and permit application fees may not exceed $10 for a commercial sign that is erecte…

(a) The amounts of the fees related to permits under this subchapter are: (1) $100 for a new or amended permit application for a sign; (2) $25 for the transfer of a permit; and (3) $10 for a new or amended permit application for a nonprofit sign. (b) A fee prescribed by this sect…

(a) An applicant may request that the executive director approve a variance from the requirements of this subchapter if the applicant believes that a minor exception to this subchapter is required to prevent a substantial injustice. (b) The executive director or the executive dir…

(a) A utility may file a petition of appeal to contest: (1) a supplemental accommodation requirement prescribed under § 21.33 of this subchapter (relating to Applicability); (2) the application of a design, construction, or maintenance requirement under §21.37 (relating to Design…

(a) A sign permit may be transferred only with the written approval of the department. (b) The permit holder must send to the department a written request to transfer a sign permit in a form prescribed by the department accompanied by the applicable fees prescribed by § 21.424 of…

The definitions found in Chapter 13, Subchapter H of this title (relating to Reporting of Tuition and Fees), are to be applied to all tuition and fee exemption and waiver programs provided under Texas Education Code, Chapter 54. Notes 19 Tex. Admin. Code § 21.7 The provisions of …

A person who sells or ships grapefruit after July 31 and before December 2 of a year, or early or midseason oranges after July 31 and before November 2 of a year, shall pay to the department a maximum inspection fee of: (1) 2.5 cents per one standard box that is sold, transported…

(a) Request for mediation. Any party negotiating a request for interconnection, services, or network elements under the Federal Telecommunications Act of 1996 (FTA) §251 may request, in writing, at any time, that the commission assist the parties by mediating any differences that…

(a) Counting days. (1) Except for computation of the arbitration window under Federal Telecommunications Act of 1996 (FTA), in computing any period of time prescribed or allowed by this chapter, by order of the commission or any presiding officer, or by any applicable statute, th…

(a) General. If any party believes that any material it files with the commission or provides to the presiding officer during any proceeding under this chapter should be exempt from disclosure under the Texas Public Information Act (TPIA), it may designate such material as confid…

(a) Motions for clarification. This subsection only applies to motions for clarification of arbitration awards. Motions for clarification of an arbitration award may be made to the presiding officer requesting that an ambiguity be clarified or an error, other than an error of law…

(a) Consolidation of dockets. The commission or presiding officer may on its own motion or upon a motion from a party, to the extent practical, consolidate separate dispute resolution proceedings and the approval proceedings pursuant to this chapter. (b) Consolidation of issues. …

(a) Causes for imposition of sanctions. A presiding officer, on his or her own motion or on the motion of a party, after notice and an opportunity for a hearing, may impose appropriate sanctions against a party or its representative for: (1) filing a motion or pleading that was b…

(a) Standards of conduct for parties. (1) Every person appearing in any proceeding shall comport himself or herself with dignity, courtesy, and respect for the commission, presiding officer, and all other persons participating in the proceeding. Professional representatives shall…

(a) Motion for summary decision. The presiding officer may grant a motion for summary decision on any or all issues to the extent that the pleadings, affidavits, materials obtained by discovery or otherwise, admissions, matters officially noticed, or evidence of record show that …

(a) Motions for dismissal. (1) Upon the motion of the presiding officer or the motion of any party, the presiding officer may dismiss, with or without prejudice, any proceeding, or claim within a proceeding, without an evidentiary hearing, for any of the following reasons: (A) la…

(a) Construction of pleadings and documents. All documents shall be construed so as to do substantial justice. (b) Procedural sufficiency of pleadings and documents. All pleadings and documents that do not comply in all material respects with other sections of this chapter shall …

(a) Pleadings and Documents submitted to a presiding officer. At or before the time any document or pleading regarding a proceeding is submitted by a party to a presiding officer, a copy of such a document or pleading must be filed with the commission filing clerk and served on a…

(a) Applicability. This section applies to all pleadings as defined in § 21.3 of this title (relating to Definitions) and the following documents: (1) Letters or memoranda relating to any item with a control number; (2) Reports required under commission rules or requested by the …

(a) Applicability. This section applies to all pleadings as defined in § 21.3 of this title (relating to Definitions) and the following documents: (1) letters or memoranda relating to any item with a control number; (2) discovery requests and responses; and (3) Decision Point Lis…

The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section clearly indicates otherwise: (1) Administrative review--Process under which an application may be approved without a formal hearing. (2) Affecte…

(a) Purpose. (1) This section establishes procedures pursuant to which a party who files a petition to initiate a dispute resolution under either § 21.125 of this title (relating to Formal Dispute Resolution Proceeding) or § 21.127 of this title (relating to Request for Expedited…

(a) Purpose. This section establishes procedures pursuant to which a party who files a complaint to initiate a dispute resolution under this subchapter may request an expedited ruling when the dispute directly affects the ability of a party to provide uninterrupted service to its…

(a) Initiation of formal proceeding. A formal proceeding for dispute resolution under this subchapter will commence when a party files a petition with the commission and, on the same day, delivers a copy of the petition either by hand delivery, electronic mail, or by facsimile to…

(a) Filing a request. Either party to an interconnection agreement may request an informal settlement conference by filing a written request with the commission and, on the same day, delivering a copy of the request either by hand delivery, electronic mail, or by facsimile to eac…

For the purposes of Subchapter A of this chapter, the following plant diseases, insects and other pests are quarantined: (1) Diseases. The quarantined diseases are listed in this table: Attached Graphic (2) Insects and mites. The quarantined insects and mites are listed in this t…

In addition to the definitions set out in the Texas Agriculture Code, Chapters 94 and 95, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise. (1) Anhydrous citric acid--Anhydrous citric acid in grapefruit or orange juic…

All citrus fruit handled and/or sold within the state of Texas must be mature and fit for consumption. Fruit are considered mature and fit for consumption if the following conditions are met: (1) Grapefruit: (A) minimum ratio of soluble solids to anhydrous acid: Attached Graphic …

In addition to any other violations that may arise under the act or this chapter: (1) It is a violation for any person to violate a stop-sale order of the department. (2) Any violation of these rules may be subject to criminal penalty. In addition, the department may assess admin…

(a) All quarantined articles, as defined in § 21.5 of this chapter (related to Quarantined Articles), that are grown after January 1, 2018, from seed, cuttings, budding, cell culture or other means must be produced inside a certified pest exclusionary facility that meets USDA-APH…

(a) Any person who propagates citrus nursery stock for the purpose of commercial or noncommercial use within the citrus zone must hold a current certificate for a certified citrus nursery. Any person who propagates citrus nursery stock for the purpose of sale within the citrus zo…

(a) All articles, equipment, plant material, supplies and personnel that enter or remain in a propagation facility shall be subject to Department approved sanitation requirements, including but not limited to: (1) Budding knives, clippers and other cutting implements shall be ste…

(a) All rootstock seed planted for propagation must have undergone a thermal treatment or other treatment approved by the department to reduce the risk of citrus infesting pathogens, including Phytophthora. (b) All planting, growing and budding of rootstock or other propagative m…

(a) Citrus nursery stock grown or sold within, or sold into, the citrus zone must be grown in a certified citrus nursery under the provisions of this subchapter. (b) Citrus nursery stock sold within or into, the citrus zone must be propagated directly from certified budwood from …

(a) Citrus plants being grown in a certified citrus nursery must be labeled, meeting the following labeling requirements. (1) A tag, sign or other identifier shall be placed at the beginning and end of each lot or row, as applicable, of certified citrus nursery trees during produ…

(a) The following records of certified budwood purchases must be maintained by a certified citrus nursery for a minimum of four years: (1) Name and nursery floral certificate number of budwood producer/seller; (2) Date of each purchase; and (3) Variety name and number of buds pur…

(a) In addition to the stop-sale order requirements set forth in the Texas Agriculture Code, Chapter 19, a stop-sale order may be issued by the department for: (1) any breach or compromise of the structure that would allow the entry of insects; or (2) any other circumstance that …

(a) In addition to any other violations that may arise under Title 2, Chapter 19, Texas Agriculture Code (Citrus Budwood and Citrus Nursery Stock Certification Program), or this subchapter, the following are violations under this subchapter: (1) It is a violation for any person t…