Texas Administrative Code

Junkyards and automobile graveyards which are required to be screened by the owner under the provisions of the Highway Beautification Act shall be screened as hereinafter provided. (1) Before any screening is commenced, the plans and specifications therefor shall first be submitt…

In order to assure that the public has adequate knowledge of the relocation assistance program, the department will discuss services and benefits at public hearings, present them in a brochure, and give them in writing to each displacee either by hand delivery or certified mail, …

The department will establish a relocation advisory service office that is reasonably convenient to individuals affected by right-of-way acquisitions. Relocation services will be made available at hours convenient to: (1) occupants of property to be acquired; (2) occupants of pro…

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) Displacee--A person law…

The appropriate district engineer is authorized to furnish to the applicable county or city the property legal descriptions and right-of-way maps of land or right-of-way deemed necessary or convenient for any road or highway to be constructed, reconstructed, maintained, widened, …

In all disposals requiring payment of a service fee or a cash consideration, a written commitment to pay the fee or consideration must be provided prior to action by the commission. Notes 43 Tex. Admin. Code § 21.106 The provisions of this §21.106 adopted to be effective December…

(a) All Rehabilitation activities shall comply with this chapter. (b) Certifications of compliance with this chapter shall be conducted by the Administrator or a code or other qualified inspector for release of final payment from the Department as outlined in the Program Rule. In…

(a) Purpose. This chapter establishes procedures for approving interconnection agreements and resolving open issues pursuant to the Federal Telecommunications Act of 1996 (FTA) §252. (b) Scope. (1) This chapter shall govern the initiation, conduct, and determination of dispute re…

(a) Application. Any amendments, including modifications, to a previously approved interconnection agreement must be submitted to the commission for review and approval. Any one party to the agreement may file the application for approval of the amendments, provided that all part…

(a) Application. Under the Federal Telecommunications Act of 1996 (FTA) §252(i), a local exchange carrier must make available within 15 working days of receipt of request, any interconnection, service, or network element provided under a previously approved interconnection agreem…

(a) Suspension. The commission may suspend the operation of one or more of the sections in this chapter if there exists a public emergency or imperative public necessity and the commission ascertains that suspension will best serve the public interest and will not prejudice the r…

This subchapter establishes procedures for commission resolution of disputed issues arising under or pertaining to interconnection agreements approved by the commission pursuant to its authority under the Federal Telecommunications Act of 1996 (FTA). The disputed issues may inclu…

(a) Filing amended pleadings. (1) A pleading may be amended without leave of the presiding officer, provided that the amended pleading is served upon all parties, is filed no later than ten days after the initial pleading was filed, and does not seek relief for which notice in ac…

(a) General requirements. A motion must be in writing, unless the motion is made on the record at a prehearing conference or hearing. It must state the relief sought and the specific grounds supporting a grant of relief. If the motion is based upon alleged facts that are not a ma…

(a) Generally. Any person may appear before the commission or in a hearing in person or by authorized representative. The presiding officer may require a representative to submit proof of authority to appear on behalf of another person. The authorized representative of a party mu…

(a) Threshold issues. Threshold issues are legal or policy issues that the presiding officer determines to be of such significance that the issues must be addressed prior to proceeding with the other issues in the docket. Threshold issues include issues to be certified to the com…

The presiding officer may issue interim orders addressing motions, procedural and discovery matters, requests for interim relief, and such other matters as may aid in the conduct of the hearing and the efficient and fair disposition of the proceeding. Interim orders may be writte…

The commission may consider an appeal of an interlocutory or interim order only when it clearly appears from specific facts shown by affidavit or by a verified complaint that immediate and irreparable injury, loss, or damage will result from enforcement of the order, and when the…

The quarantined areas are all areas outside of Texas. Notes 4 Tex. Admin. Code § 21.3 The provisions of this §21.3 adopted to be effective September 2, 1996, 21 TexReg 7973.

(a) Foundation block status will be considered upon written request to the department. The request must include: (1) A physical description of the proposed site, including location, size, and a map of the land to be used--a copy of the deed or lease to the property must be availa…

(a) The trees in a foundation block shall be established using: (1) Certified budwood or budwood from a certified source tree that has been tested by a certified laboratory no more than 90 days prior to the date budwood is cut and found to be free of tristeza virus, citrus greeni…

(a) Trees in a foundation block must be tested by a certified laboratory to verify that foundation block trees continue to be free of diseases listed in § 21.2 of this title (relating to Quarantined Pests and Diseases). (b) At a minimum, the following measures shall be taken to p…

At the time of sale, each budwood piece or bundle of certified budwood must be labeled to identify the variety of the budwood, number of buds, and source tree identification number, and safeguarded from exposure to the diseases listed in § 21.2 of this title (relating to Quaranti…

(a) An applicant for a foundation block shall pay a non-refundable application fee of $500 to the department. (b) Any person that sells certified citrus budwood shall pay to the department a fee of $0.06 for each bud sold. (c) Certified budwood fees shall be paid to the departmen…

(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) Requirements for shipment of citrus plants from the areas of Texas outside the citrus zone into the citrus zone: (1) Citrus plants must be produced in a nursery that is certified by the Department in accordance with Subchapter D of this chapter (relating to Citrus Nursery Sto…

Violations and penalties will be in accordance with § 21.69 of this title (relating to Violations and Penalties). Notes 4 Tex. Admin. Code § 21.85 Adopted by Texas Register, Volume 40, Number 52, December 25, 2015, TexReg 9630 , eff. 12/31/2015

(a) General. (1) Each regulated article sold, distributed or transported within this state or grown for the purpose of sale or distribution shall have attached to the article, or to the container in which the article is planted, a waterproof tag or label upon which is legibly pri…

(a) For the purpose of meeting the USDA-APHIS-PPQ requirements for movement of citrus plants out of an area quarantined for citrus greening or citrus canker by USDA and the Department, and for interstate movement in accordance with USDA requirements, the Texas State Certified Cle…

(a) Tex. Gov't Code, § 2306.187 requires that the Department develop and adopt rules relating to Minimum Energy Efficiency requirements for new construction, reconstruction, and rehabilitation activities in Single Family Programs. (b) This chapter describes the Minimum Energy Eff…

Unless otherwise noted, this chapter only applies to single family Programs. Program rules may impose additional requirements related to any provision of this chapter. Elements of local residential building codes that require a greater degree of energy efficiency than this chapte…

(a) Any capitalized terms that are defined in Tex. Gov't Code Chapter 2306, and Chapter 1 of this title (relating to Administration), Chapter 2 of this title (relating to Enforcement), Chapter 20 of this title (relating to Single Family Programs Umbrella Rule), or other applicabl…

(a) Single family residential dwellings, as defined in § 388.002 of the Texas Health and Safety Code, that are newly constructed or reconstructed shall comply with the more stringent of §388 of the Health and Safety Code (Texas Building Energy Performance Standards), or the stand…

(a) All Manufactured Housing Units installed as replacement for sub-standard housing shall be ENERGY STAR certified; or (b) In cases where the type of product is not ENERGY STAR, or if ENERGY STAR products are not reasonably available due to supply shortages or cost limitations, …

(a) "Residential property insurance" means insurance against loss to real or tangible personal property at a fixed location provided in a homeowners policy or residential fire and allied lines policy. (b) An insurer may not decline to write residential property insurance based on…

(a) Payors must submit monthly data files according to the following schedule: (1) January data must be submitted no later than March 7 of that year; (2) February data must be submitted no later than April 7 of that year; (3) March data must be submitted no later than May 7 of th…

(a) Payors must submit the data files required by subsection (c) of this section to the Center according to the schedule provided in § 21.5405 of this title (relating to Timing and Frequency of Data Submissions). Payors are responsible for submitting or arranging to submit all ap…

(a) Payors must submit complete and accurate data files for all applicable plans as required by this subchapter and consistent with the data elements and technical requirements found in the Texas APCD CDL v3.0.1. The Texas APCD CDL v3.0.1 is available on the Center's website. (b)…

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise. (1) Allowed amount--Has the meaning assigned by Insurance Code § 38.402 , concerning Definitions. (2) Center--The Center for Health Care Data a…

(a) This subchapter applies to a payor that issues, sponsors, or administers a plan subject to reporting under subsection (b) of this section. (b) Payors must submit data files as required by this subchapter with respect to health benefit plans or dental benefit plans issued in T…

A conversion policy or contract must provide for the addition of newborn children, adopted children, and children for whom a court or administrative order has mandated coverage. The policy or contract may provide that coverage terminates when the converted person's coverage termi…

(a) An insurer or group hospital service corporation must provide notice of conversion privileges, if any, available to each employee, member, or dependent whose coverage is terminating, at least 30 days and no more than 60 days prior to actual termination of coverage. (b) An HMO…

(a) An insurer or group hospital service corporation must offer to any employee, member, or dependent whose insurance under a group policy has been terminated for any reason (except involuntary termination for cause), including discontinuance of the group policy in its entirety o…