reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter K - EMPLOYEE TRAINING AND EDUCATION › Section 1.702 - Employee Participation

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Approval
				  subject to available funds. Approval to participate in or receive reimbursement
				  for a training and education program is not automatic and may be subject to the
				  availability of funds within the department's budget.
(b) Attendance may be required. A department
				  employee may be required to attend, as all or part of the employee's duties, a
				  training or education program related to the employee's duties or prospective
				  duties.
(c) Withdrawal of
				  permission. The department may withdraw an employee's permission to participate
				  in an education and training program if the department determines, in its sole
				  discretion, that continued participation would negatively impact the employee's
				  job duties or performance.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter K - EMPLOYEE TRAINING AND EDUCATION › Section 1.703 - Employee Obligations

Current through Reg. 49, No. 28; July 12,
				  2024
(a) General Employee
				  Obligations. Employees participating in the department's training and education
				  programs are obligated to comply with department policies and
				  procedures.
(b) Employee
				  Reimbursement Obligations. Employees who qualify for and receive educational
				  assistance tuition reimbursement are subject to additional obligations,
				  including a term of continued employment or repayment of tuition reimbursement,
				  as set forth Texas Government Code, Chapter 656, Subchapter D and in department
				  policy.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter K - EMPLOYEE TRAINING AND EDUCATION › Section 1.704 - At-Will Employment Status

Current through Reg. 49, No. 28; July 12,
				  2024
Approval to participate in the department's training and
					 education programs, including tuition reimbursement, shall not in any way
					 affect and employee's at-will status. Participation in these programs does not
					 constitute a guarantee or indication of continued or future employment in a
					 current or prospective position.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter L - URBAN SCHOOLS GRANTS PROGRAM › Section 1.800 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The Urban Schools Grant Program is designed to establish
					 demonstration agricultural projects or other projects designed to foster an
					 understanding and awareness of agriculture in certain Texas urban public school
					 districts by awarding grants to eligible elementary and middle
					 schools.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter L - URBAN SCHOOLS GRANTS PROGRAM › Section 1.801 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commissioner--The Commissioner of Agriculture, Texas Department of
				  Agriculture.
(2) Department--The
				  Texas Department of Agriculture.
(3) Urban Public School District--A Texas
				  public school district with an enrollment of at least 49,000
				  students.
(4) Nonprofit
				  organization--A corporation no part of the income of which is distributable to
				  members, directors, or officers.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter L - URBAN SCHOOLS GRANTS PROGRAM › Section 1.802 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Subject to available funds, a public elementary or middle
					 school from an urban public school district in the state, or a nonprofit
					 organization that partners with an eligible school, is eligible to receive a
					 grant under this subchapter if the school or nonprofit organization submits to
					 the department a proposal that includes:
(1) a description of the proposed
				  project;
(2) a schedule of
				  projected costs for the project;
(3) a statement of the educational benefits
				  of the project, including how the project will improve the students'
				  understanding of agriculture; and
(4) if a nonprofit organization is applying
				  for the grant, a statement from the school that the nonprofit organization is
				  partnering with the school.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter L - URBAN SCHOOLS GRANTS PROGRAM › Section 1.803 - Selection

Current through Reg. 49, No. 28; July 12, 2024
(a) A review panel appointed by the
				  commissioner shall review grant proposals and make a recommendation to the
				  commissioner for awarding the grants.
(b) The review panel shall be composed of the
				  following:
(1) one person having experience
				  or expertise in developing elementary and/or middle school
				  curriculum;
(2) one representative
				  of the department;
(3) one
				  representative of the livestock industry;
(4) one representative of the specialty crop
				  industry;
(5) one representative of
				  the row crop industry;
(6) one
				  representative of the horticulture industry; and
(7) one representative of the Texas
				  Agricultural Extension Service.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter L - URBAN SCHOOLS GRANTS PROGRAM › Section 1.804 - Reporting Requirement

Current through Reg. 49, No. 28; July 12,
				  2024
Grant recipients shall submit required reports in
					 accordance with department procedures, and as specified in the grant agreement
					 entered into by the department and the grant recipient.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter M - SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM › Section 1.900 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The Grant program for the distribution of surplus
					 agricultural products is designed to provide funding to eligible nonprofit
					 organizations for collecting and distributing surplus agricultural products to
					 food banks and other charitable organizations that serve needy or low-income
					 individuals.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter M - SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM › Section 1.901 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the text clearly
					 indicates otherwise.
(1) Nonprofit
				  Organization. An organization with an IRS designation as a 501 (c) (3)
				  organization which has been established and is operating for religious,
				  charitable or educational purposes and does not distribute any of its income to
				  its members, directors or officers.
(2) Charitable organization. An organization
				  organized for purely benevolent, charitable, educational or religious purpose
				  and not for financial gain.
(3)
				  Department. The Texas Department of Agriculture
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter M - SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM › Section 1.903 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Subject to available funds, a nonprofit organization is
					 eligible to receive a grant under this chapter if the organization:
(1) has at least five years of experience
				  coordinating a statewide network of food banks and charitable organizations
				  that serve each county of this state;
(2) operates a program that coordinates the
				  collection and transportation of surplus agricultural products to a statewide
				  network of food banks that provide food to needy or low-income individuals;
				  and
(3) submits to the department
				  in a manner and time prescribed by the Department, a proposal for the
				  collection and distribution of surplus products to food banks or other
				  charitable organizations for use in providing food to needy or low-income
				  individuals.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter M - SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM › Section 1.904 - Contents of Proposal

Current through Reg. 49, No. 28; July 12,
				  2024
The proposal submitted to the department in accordance with
					 §
										RSA 1.903 of this
					 title (relating to Eligibility), shall include:
(1) a description of how the collection and
				  distribution of surplus products will be accomplished;
(2) a schedule of projected costs for the
				  proposal;
(3) measurable goals for
				  the proposal;
(4) a plan for
				  evaluating the success of the proposal; and
(5) any other information requested by the
				  department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter M - SURPLUS AGRICULTURAL PRODUCTS GRANT PROGRAM › Section 1.905 - Reporting Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
A nonprofit organization that receives a grant under this
					 subchapter must report the results of the project to the Department in a manner
					 prescribed by the Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.950 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes the requirements for eligible
					 organizations to apply for and obtain grant funds to supplement and extend
					 existing services related directly to delivery of meals to Homebound Elderly
					 persons and Homebound persons with a Disability, through the Home-Delivered
					 Meal Grant Program; and establishes the requirements for related nutritional
					 standards, recordkeeping and documentation related to the
					 Program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.951 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Approved
				  Organization--An organization that submitted an application under this
				  subchapter that was subsequently approved by the Department.
(2) Department--The Texas Department of
				  Agriculture.
(3) Dietary
				  Consultant--A registered dietitian who is licensed by the Texas State Board of
				  Examiners of Dietitians; or a person with a baccalaureate degree with major
				  studies in food and nutrition, dietetics, or food service management, who is
				  currently employed as a dietitian or dietary consultant in a hospital, nursing
				  facility, or school, or home-delivered meal organization, or in private
				  practice.
(4) Disability--A
				  physical, mental or developmental impairment, temporarily or permanently
				  limiting an individual's capacity to adequately perform one or more essential
				  activities of daily living, which include, but are not limited to, personal and
				  health care, moving around, communicating, and housekeeping.
(5) Elderly--An individual who is 60 years of
				  age or older.
(6) Fully Funded--A
				  meal for which home-delivered meal organizations negotiate and sign a contract
				  with the Department of Aging and Disability Services or an area agency on
				  aging, and receive funds, whatever the amount may be, in accordance with
				  applicable state and federal laws and regulations.
(7) Grantee--An organization that has
				  received grant funds under this subchapter.
(8) Home-delivered meal--Individual sized
				  portions of foods that, in the aggregate, meet 1/3 of the Recommended Dietary
				  Allowance (RDA) of nutrition for adults and the Dietary Guidelines for
				  Americans, or Dietary Reference Intakes (DRIs) as established by the Texas
				  Department of Aging and Disability Services.
(9) Homebound--A person who is unable to
				  leave his or her residence without aid or assistance or whose ability to travel
				  from his or her residence is substantially impaired.
(10) Organization--A qualifying governmental
				  agency or nonprofit private organization that is exempt from taxation under
				  §501(a), Internal Revenue Code of 1986, as an organization described by
				  §501(c)(3) of that code, which is a direct provider of home-delivered
				  meals to homebound elderly persons or persons with disabilities in this
				  state.
(11) Program--The
				  Home-Delivered Meal Grant Program.
(12) State Fiscal Year--The period between
				  September 1st of any year and August 31st of the subsequent year.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.952 - Administration of the Program

Current through Reg. 49, No. 28; July
				  12, 2024
(a) The
				  Department annually shall determine:
(1) the
				  total amount of money available for grants under this subchapter;
(2) the number of residents at least 60 years
				  of age in this state, according to the most recent federal decennial census;
				  and
(3) the number of residents at
				  least 60 years of age in each county in this state, according to the most
				  recent federal decennial census.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.953 - County Grant Required

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Before an
				  Organization may receive a grant from the Department, the county in which the
				  Organization provides meals must make a grant to the Organization. The grant
				  must be for the provision of home-delivered meals to the homebound elderly and
				  disabled in that county.
(b) A
				  county may make a grant to more than one Organization in the county.
(c) If the county makes a grant to one or
				  more Organizations in an amount that is less than 25 cents for each person at
				  least 60 years of age who resides in the county, according to the most recent
				  federal decennial census, the maximum amount the Department may provide to
				  Organizations in the county is reduced to an amount in proportion to the amount
				  by which the county grant is less than 25 cents for each elderly
				  resident.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.954 - Eligibility for Grant

Current through Reg. 49, No. 28; July 12,
				  2024
An Organization is eligible to receive a grant under this
					 subchapter if it:
(1) administers a
				  home-delivered meal program and is a direct provider of home-delivered meals to
				  Elderly persons and/or persons with a Disability;
(2) (if a nonprofit private organization) has
				  a volunteer board of directors;
(3)
				  practices nondiscrimination;
(4)
				  has an accounting system or fiscal agent approved by the county where it
				  provides meals;
(5) has a system to
				  prevent the duplication of services to clients;
(6) has received a grant from the county in
				  which the Organization is delivering meals, in accordance with §
										RSA 1.953
				  of this title (relating to County Grant Required);
(7) has submitted an application in
				  accordance with §
										RSA 1.955 of this
				  title (relating to Application); and
(8) agrees to use funds received under this
				  subchapter only to supplement or extend existing home-delivered meal
				  services.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.955 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The application shall be in a form
				  prescribed by the Department, in accordance with this subchapter.
(b) The application submitted to the
				  Department in accordance with §
										RSA 1.954
				  of this title (relating to Eligibility for Grant), shall:
(1) be notarized and signed by the
				  Organization's executive director and board chair, if applicable;
(2) be postmarked not later than November
				  1;
(3) include the following
				  information:
(A) the Organization's name and
				  address;
(B) the names and titles
				  of the Organization's executive director and board chair, if
				  applicable;
(C) the name of the
				  county in relation to which the Organization is applying;
(D) the number of residents at least 60 years
				  of age who reside in that county, according to the most recent federal
				  decennial census;
(E) the amount of
				  the grant awarded by that county, as required by §
												RSA 1.954
				  of this title;
(F) the total number
				  of meals the Organization delivered to Elderly persons or persons with a
				  Disability in that county during the preceding State Fiscal Year including
				  those that were not Fully Funded;
(G) the Organization's most recent financial
				  statement or audited financial report;
(H) a list of the Organization's board and
				  officers;
(I) appropriate
				  documentation demonstrating that the Organization:
(i) is a qualifying governmental agency or
				  nonprofit private organization;
(ii) has been awarded a grant by the county
				  for the provision of home-delivered meals to the homebound elderly and disabled
				  in that county; and
(iii) has
				  delivered the number of meals reported under subsection (a)(3)(F) of this
				  section; and
(J) any
				  other information the Department determines necessary.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.956 - Nutritional Standards

Current through Reg. 49, No. 28; July 12,
				  2024
Each Home-delivered meal to which grant funds are applied
					 shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the
					 recommended dietary allowance (RDA) for adults and the Dietary Guidelines for
					 Americans, or if the organization receives funding through the Texas Department
					 of Aging and Disability Services, the Dietary Reference Intakes (DRI) as and
					 when established by the Texas Department of Aging and Disability Services. The
					 approval must occur and be documented prior to the date the meal is
					 served.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.957 - Compliance with Laws and Regulations

Current through Reg. 49, No. 28;
				  July 12, 2024
A Grantee must follow procedures and maintain facilities
					 that comply with all applicable federal, state and local laws and regulations
					 related to fire, health, sanitation, and safety, and obtain all necessary
					 permits. All food preparation, handling, and service activities shall comply
					 with applicable Texas Department of State Health Services
					 rules.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.958 - Service Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
Each Grantee using grant funds received under this
					 subchapter toward the preparation or delivery of a Home-delivered meal must
					 provide such meal in accordance with the service requirements outlined in Title
					 40 Texas Administrative Code, §
										RSA
					 55.27(a) and (c), or other
					 applicable local, state or federal regulations relating to the delivery,
					 transportation, packaging of home-delivered meals, or the handling of
					 undelivered meals.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.959 - Eligibility of Persons Served

Current through Reg. 49, No. 28; July
				  12, 2024
Each Grantee using grant funds received under this
					 subchapter toward the preparation or delivery of a Home-delivered meal must
					 document that persons receiving a meal funded under this subchapter are
					 Homebound Elderly persons or Homebound persons with a Disability as defined in
					 §
										RSA 1.951 of this
					 title (relating to Definitions).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.960 - Permitted Use of Grant Funds

Current through Reg. 49, No. 28; July 12,
				  2024
The expenditure of grant funds by a Grantee shall be
					 documented and used only to supplement and extend existing services related
					 directly to delivery of meals to Homebound Elderly persons and Homebound
					 persons with a Disability. Permissible expenditures include, but are not
					 limited to, food costs and related preparation and packaging expenses,
					 gasoline, and other operational costs, but shall not be used for the purchase
					 of capital assets.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.961 - Recordkeeping and Record Retention

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  Grantees shall maintain documentation as required by the Department to verify
				  that individuals who receive meals paid for or delivered in part with grant
				  funds received under this subchapter each qualify as a Homebound Elderly person
				  or Homebound person with a Disability. Such documentation may be records
				  already maintained by eligible organizations that receive federal or state
				  funding, or other documentation maintained in accordance with Program
				  guidelines as may be established by the Department.
(b) Grantees shall submit reports and
				  documentation as required by the Department to verify that expenditures made
				  are directly related to supplementing and extending existing home-delivered
				  meal services to Homebound Elderly persons and Homebound persons with a
				  Disability, including documentation of the eligibility of persons receiving
				  Home-delivered meals.
(c) Grantee
				  shall retain all financial records, supporting documents, statistical records,
				  and all other records relating to any grant funds received pursuant to this
				  subchapter and expenditures of funds in conformity with federal and state
				  regulations and generally accepted accounting principles.
(d) Records described in this section shall
				  be maintained for the retention period in accordance with the records retention
				  schedule established by the Department and approved by the Texas State Library
				  and Archive Commission.
(e) All of
				  the records described in subsections (a) and (b) of this section shall be
				  maintained indefinitely if audit findings or other disputes or litigation have
				  not been resolved. Grantees with multiple locations may maintain all records at
				  a designated central location (i.e., administrative headquarters) for purposes
				  of this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter O - HOME-DELIVERED MEAL GRANT PROGRAM › Section 1.962 - Access to Grantee Records

Current through Reg. 49, No. 28; July
				  12, 2024
Grantee shall permit the Department and any other
					 authorized governmental entity, through any authorized representatives, the
					 access to and right to examine all records, books, papers, contracts, or other
					 documents, including permits, related to grant funds received pursuant to this
					 subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter Q - PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES › Section 1.1100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meaning, unless the context clearly
					 indicates otherwise.
(1) Deputy
				  Commissioner--The Deputy Commissioner of the Texas Department of
				  Agriculture.
(2) Interested
				  Parties--All vendors who have submitted bids or proposals for the provision of
				  goods or services to the Texas Department of Agriculture.
(3) Office of General Counsel--The Office of
				  the General Counsel for the Texas Department of Agriculture.
(4) Responsible Individual--The Procurement
				  and Contract Director (Director) or equivalent person who is responsible for
				  the supervision of procurement and purchasing staff, or, only in the event of
				  an absence of the Director or equivalent person from work as a result of death,
				  disability, incapacity or illness, the person designated by the Deputy
				  Commissioner, in consultation with the Chief Financial Officer, to review and
				  make a determination on the protest, as applicable.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter Q - PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES › Section 1.1101 - Filing a Protest; Effect

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Any actual or
				  prospective bidder, offeror, or contractor who asserts or complains of improper
				  process or a procedural defect in connection with the Department's
				  solicitation, evaluation, or award of a contract may file a formal protest with
				  the Responsible Individual.
(b) A
				  formal protest must be made in writing and received by the Responsible
				  Individual within 10 working days after the protesting party knows, or should
				  have known, of the occurrence of the action that is protested.
(c) Formal protests must conform to the
				  requirements of this subchapter, and will be resolved through use of the
				  procedures that are described in this subchapter. The protesting party must
				  mail or deliver copies of the protest to the Department and other interested
				  parties. Protests may be mailed to Texas Department of Agriculture, Attn:
				  Procurement & Contract Director, P.O. Box 12847, Austin, TX 78711, or
				  delivered to the Department's headquarters at 1700 N. Congress Ave, 11th Floor,
				  Austin, TX 78701.
(d) In the event
				  of a timely protest under this section, the Responsible Individual will notify
				  the Chief Financial Officer, General Counsel, and Deputy Commissioner of
				  receipt of a protest under this subchapter. The Department will suspend further
				  processing of the solicitation or award of the contract that forms the basis of
				  the protest unless the Commissioner or Deputy Commissioner, in consultation
				  with the using division and Office of General Counsel, makes a written
				  determination that the contract must be awarded without delay, to protect the
				  best interests of the Department.
(e) A formal protest must be sworn and
				  contain:
(1) a specific identification of the
				  statutory or regulatory provision that the protesting party alleges has been
				  violated;
(2) a specific
				  description of each action by the Department that the protesting party alleges
				  to be a violation of the statutory or regulatory provision that the protesting
				  party has identified pursuant to paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) a statement of any
				  issues of law or fact that the protesting party contends must be
				  resolved;
(5) a statement of the
				  argument and authorities that the protesting party offers in support of the
				  protest; and
(6) a statement that
				  copies of the protest have been mailed or delivered to all other identifiable
				  interested parties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter Q - PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES › Section 1.1102 - Disposition of Protests by the Responsible Individual

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of a timely protest that
				  conforms with this subchapter, the Responsible Individual will review the
				  protest. The Responsible Individual may request written responses to the
				  protest from any staff of the Department and may request from the Department
				  staff any and all documents related to the protest. The Responsible Individual
				  may solicit written responses to the protest from other interested
				  parties.
(b) The Responsible
				  Individual has the authority, prior to appeal to the Commissioner or Deputy
				  Commissioner, to settle and resolve the dispute over the solicitation or award
				  of a contract.
(c) If the protest
				  is not resolved by mutual written agreement, the Responsible Individual shall
				  issue a written determination regarding the protest within thirty (30) calendar
				  days of receipt of a timely protest that conforms with this subchapter. The
				  Responsible Individual shall consult with the Chief Financial Officer and the
				  Office of General Counsel prior to issuing a written determination on the
				  protest.
(d) The Responsible
				  Individual shall inform the protesting party, Deputy Commissioner, and other
				  interested parties of the written determination, denying or sustaining the
				  protest, in whole or in part, setting forth the reasons for the determination.
				  The written determination may set forth any appropriate remedial action,
				  including a decision that:
(1) requires all
				  or any portion of the solicitation or award of the contract to be rebid or
				  repurchased;
(2) limits or shortens
				  the term of any existing contract and requires rebid or repurchase of the
				  procurement; or
(3) cancels or
				  declares the contract void, and requires rebid or repurchase of the
				  procurement.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter Q - PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES › Section 1.1103 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) A protesting party who is not satisfied
				  with the determination of the Responsible Individual may appeal the
				  determination to the Commissioner or, upon the Commissioner's delegation, to
				  the Deputy Commissioner. The appeal must be submitted in writing and received
				  by the Commissioner's office no later than ten working days after the date of
				  the Responsible Individual's determination. If an appeal is not timely
				  submitted as provided under this subsection, the written determination of the
				  Responsible Individual is the final administrative action of the
				  Department.
(b) Upon receipt of a
				  timely appeal that conforms with the requirements of this subchapter, the
				  Commissioner or Deputy Commissioner may designate an employee of the Department
				  to review the protest, the determination made by the Responsible Individual,
				  and the appeal of the Responsible Individual's determination. The designee will
				  prepare and submit to the Commissioner or Deputy Commissioner a written
				  recommendation regarding the appeal within five working days of the
				  designation.
(c) In making a final
				  determination, the Commissioner or Deputy Commissioner will consider only the
				  written determination of the Responsible Individual, those materials or
				  pleadings submitted to the Responsible Individual, and, if applicable, the
				  written recommendation made by a designated employee. No further arguments,
				  authorities, documents, or pleadings shall be filed with the Commissioner or
				  Deputy Commissioner.
(d) The
				  Commissioner or Deputy Commissioner will issue a final written determination of
				  the appeal, denying or sustaining the protest, in whole or in part, which shall
				  be the final administrative action of the Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter Q - PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES › Section 1.1104 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
The Department will maintain all documentation on the
					 purchasing process that is the subject of a protest or appeal in accordance
					 with the Department's records retention schedule.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter Q - PROTEST OF CONTRACT AWARDS OR AGENCY PROCUREMENT PROCEDURES › Section 1.1105 - Applicability of Subchapter

Current through Reg. 49, No. 28; July 12,
				  2024
This subchapter does not apply to grant awards made by the
					 Department, or any grant programs administered by the
					 Department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter R - ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM › Section 1.1200 - Statement of Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The Zero Agricultural Pest and Disease (ZAPD) Grant Program
					 is designed to provide grants to eligible institutions of higher education to
					 conduct plant pest and disease detection and surveillance to detect plant pests
					 and diseases newly introduced to this state or to a certain area of the state
					 before a pest or disease becomes established or an infestation of a pest or
					 outbreak of a disease becomes too large and costly to eradicate or
					 control.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter R - ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM › Section 1.1201 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall administer the ZAPD
				  Grant Program pursuant to Texas Agriculture Code, Chapter 71, Subchapter E,
				  subject to the availability of funds.
(b) The department shall approve a standard
				  grant application for each grant cycle. The request for grant applications,
				  standard application form, and related guidance materials for the ZAPD grant
				  shall state, as appropriate, the purpose of the grant program, eligibility
				  criteria, information identified by department as required for funding
				  consideration, selection criteria, due date for submission of applications, and
				  estimated award date.
(c) The
				  department, in consultation with the State Seed and Plant Board and other
				  interested parties, as defined in Texas Agriculture Code, §
										71.201(3),
				  shall review submitted applications according to the published selection
				  criteria in the request for grant application and make funding recommendations
				  to the Commissioner.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter R - ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM › Section 1.1202 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
An institution of higher education, as defined in Texas
					 Education Code, Section
					 61.003, that agrees to
					 conduct plant pest and disease detection and surveillance, is eligible to apply
					 for a grant under this subchapter if the department determines that:
(1) the institution of higher education is in
				  a region of this state that has a high risk of being affected by one or more
				  plant pests or diseases based on:
(A) the
				  region's conduciveness to agricultural pest and disease establishment due to
				  location, agricultural commodities produced, climate, crop diversity, or
				  natural resources, or
(B) the
				  department's determination that an agricultural pest or disease in the region
				  is a matter of state or federal concern; and
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter R - ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM › Section 1.1203 - Use of Grant Funds

Current through Reg. 49, No. 28; July 12,
				  2024
The expenditure of grant funds by a grant recipient shall
					 be documented and the funds used only for activities directly related to the
					 purpose of the ZAPD Grant Program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter R - ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM › Section 1.1204 - Filing Requirements; Consideration of Project Requests; Grant Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications must be submitted in the
				  manner specified in the request for grant applications and in accordance with
				  this subchapter.
(b) Eligible
				  applicants shall submit a project request in the format prescribed by the
				  department in the request for grant applications issued for the ZAPD Grant
				  Program. Project requests must describe the project activities to be carried
				  out, propose budget expenditures, reflect an estimated timeline for completion
				  of activities, and include any other information required by the
				  department.
(c) Maximum grant
				  amounts for project awards shall be published in the request for grant
				  applications.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter R - ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM › Section 1.1205 - Late or Ineligible Applications

Current through Reg. 49, No.
				  28; July 12, 2024
(a) The
				  department shall not consider applications submitted after the published due
				  date unless the deadline has been revised for all applicants.
(b) The department will perform an
				  administrative review to determine applicant eligibility and responsiveness to
				  the request for grant applications.
(c) Applications submitted by ineligible
				  applicants will not receive funding consideration.
(d) Applications that are not fully
				  responsive to the request for grant applications will not be considered during
				  the competitive review process.
(e)
				  Determinations of late or ineligible applications are final and not subject to
				  an appeal process.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter R - ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM › Section 1.1206 - Reporting Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
Grant recipients shall submit required reports in
					 accordance with department procedures, and as specified in the grant agreement
					 entered into by the department and the grant recipient.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 2 - LICENSING › Subchapter A - GENERAL PROVISIONS › Section 2.1 - Application for a License

Current through Reg. 49, No. 28; July 12,
				  2024
(a) An application
				  is not an agency request for information for any purpose under the Texas
				  Government Code, the Texas Agriculture Code, or these rules.
(b) If information requested on an agency
				  application form or other materials is not expressly identified as optional or
				  in the alternative, the information is required.
(c) An applicant for an initial license or
				  renewal of a license shall submit to the department in a timely fashion all
				  application forms, bonds, tests, data, fees, and other material required by law
				  to precede the issuance of such initial license or renewal license.
(d) Any application for a license that does
				  not include all such required forms and materials, or which includes forms or
				  other materials that contain deficient information or on which required
				  information is missing, is an incomplete application.
(e) An incomplete application shall become
				  void on the one-year anniversary of the submission of the incomplete
				  application. A void application will not be processed and any application fee
				  associated with the void application shall not be refunded. This action is not
				  a denial of a license for any purpose under the Texas Government Code, the
				  Texas Agriculture Code, or these rules.
(f) The department shall within 15 days after
				  receipt of the first application form:
(1)
				  issue a license, if the application is complete and correct and the applicant
				  is eligible and meets all the requirements for the license;
(2) if the application is complete and a
				  determination regarding the issuance of a license will be delayed beyond 15
				  days, send the applicant a written notice stating that the application is
				  complete and accepted, that a determination regarding issuance of the license
				  will be delayed, and stating the time period within which a determination will
				  be made; or
(3) if the application
				  is incomplete, send the applicant a written notice stating that the application
				  is incomplete and specifying the information that is missing or deficient;
				  or
(4) if the applicant is
				  ineligible or otherwise does not meet the requirements for licensing, send the
				  applicant a written notice stating that the applicant is ineligible or does not
				  meet the requirements for licensing and specifying the reasons why the
				  applicant is ineligible or does not meet the requirements for
				  licensing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 2 - LICENSING › Subchapter A - GENERAL PROVISIONS › Section 2.3 - Payment of Required License Fees

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) All
				  required fees must be paid in order to obtain a valid license, including a
				  renewal license, from the department.
(b) Any license issued by the department is
				  void and of no effect if based upon a check that is later returned for
				  insufficient funds, closed account, or other reason, regardless of whether the
				  department notifies the applicant of the insufficiency of payment or the
				  invalidity of the license.
(c) It
				  is the applicant's responsibility to ensure that all licensing fees are paid in
				  valid U.S. funds.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 2 - LICENSING › Subchapter A - GENERAL PROVISIONS › Section 2.4 - Notification of Change of Address

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) All
				  licensees are required to notify the department in writing within 10 days of
				  any change of address.
(b) It is
				  the licensee's responsibility to maintain a valid, current address with the
				  department.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 2 - LICENSING › Subchapter B - CONSOLIDATED LICENSES › Section 2.11 - License Specifications

Current through Reg. 49, No. 28; July
				  12, 2024
(a) The
				  department may issue a consolidated license to a person who holds multiple
				  licenses, certifications, and/or registrations issued by the department on the
				  submission of completed application forms for the component licenses and
				  submission of the appropriate fee. The department shall not issue a
				  consolidated license unless and until the applicant fulfills all of the
				  prerequisites for each of the component licenses.
(b) A consolidated license authorizes each of
				  the activities of the component licenses.
(c) Application/Renewal.
(1) An applicant for an initial consolidated
				  license shall pay the licensing fee prior to the issuance of the license. The
				  department will prorate the fee for a new consolidated license to coincide with
				  the expiration date of the license.
(2) An applicant for the renewal of a
				  consolidated license shall pay the license fee on or before the expiration date
				  of the license. A person who fails to submit a renewal fee on or before the
				  expiration date of the license shall pay, in addition to the renewal fee, the
				  late fee provided by the Texas Agriculture Code, §
											RSA
				  12.024. If a person's license has been
				  expired for one year or longer, the person may not renew the license but must
				  comply with the requirements and procedure for obtaining an original
				  license.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 2 - LICENSING › Subchapter B - CONSOLIDATED LICENSES › Section 2.12 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b) of
				  this section, the fee for a consolidated license equals the sum of the fees for
				  each component license encompassed by the consolidated license.
(b) The department may adjust the fee for a
				  consolidated license to reflect the economic efficiency gained by the
				  department through the operation of a consolidated license program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 2 - LICENSING › Subchapter B - CONSOLIDATED LICENSES › Section 2.13 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
Where practicable, the department may combine all
					 inspections required for each of the component licenses into a single
					 inspection.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 2 - LICENSING › Subchapter B - CONSOLIDATED LICENSES › Section 2.14 - License Sanctions

Current through Reg. 49, No. 28; July 12,
				  2024
If the holder of a consolidated license violates a rule or
					 statute authorizing any of the component licenses encompassed by the licensee's
					 consolidated license, the department may seek license sanctions on the
					 consolidated license as prescribed by the Texas Agriculture Code, §
										RSA
					 12.0201.