reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.72 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				this section is to establish the standards of professional and ethical conduct
				required of all persons holding credentials issued under this chapter.
(b) All credentialed persons
				shall, as applicable to their area of credentialing:
(1) undertake to perform only services for
				which they are qualified by credential, education, training or experience in
				the specific technical fields involved;
(2) meet or exceed the minimum standards for
				mold assessment and remediation in this chapter;
(3) not participate in activities where a
				conflict of interest might arise, pursuant to §1958.155 of the Act
				(relating to Conflict of Interest; Disclosure Required) and disclose any known
				or potential conflicts of interest to any party affected or potentially
				affected by such conflicts;
(4)
				provide only necessary and desired services to a client and not sell
				unnecessary or unwanted products or services;
(5) to the extent required by law, keep
				confidential any personal information regarding a client, including medical
				conditions, obtained during the course of a mold-related activity;
(6) not misrepresent any professional
				qualifications or credentials;
(7)
				not provide to the department any information that is false, deceptive, or
				misleading;
(8) cooperate with the
				department or the department's representative or designee by promptly
				furnishing required documents or information and by promptly responding to
				requests for information;
(9) not
				work if impaired as a result of drugs, alcohol, sleep deprivation or other
				conditions and not allow those under their supervision to work if known to be
				impaired;
(10) maintain knowledge
				and skills for continuing professional competence and participate in continuing
				education programs and activities;
(11) not make any false, misleading, or
				deceptive claims, or claims that are not readily subject to verification, in
				documents or statements including any advertising, announcement, presentation,
				competitive bidding, mold assessment report, mold analysis, mold remediation
				protocol, or mold remediation work plan; and
(12) not make a representation that is
				designed to take advantage of the fears or emotions of the public or a
				customer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.74 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Record retention. Records and documents
				shall be retained for the time periods specified in this section.
(1) Records and documents shall be made
				available for inspection by the department or the department's representative
				or designee immediately upon request.
(2) Licensees and accredited training
				providers who cease to do business shall notify the department in a manner
				specified by the department at least 30 calendar days before such event to
				advise how they will maintain all records during the minimum three- or
				five-year retention period. The department, upon receipt of such notification
				and at its option, may provide instructions for how the records shall be
				maintained during the required retention period. A licensee or accredited
				person shall notify the department that it has complied with the department's
				instructions within 30 calendar days after their receipt or make other
				arrangements approved by the department.
(3) Licensees and accredited training
				providers may maintain the records required under this section in an electronic
				format unless otherwise indicated.
(4) Licensees and accredited training
				providers who maintain the required records in an electronic format shall
				provide paper copies of records or the original paper documents to the
				department or the department's representative or designee on request.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid to the department are
				nonrefundable.
(b) Schedule of
				Fees.
(1) Fees for Notifications:
(A) Notification of mold remediation,
				initial: owner-occupied residential dwelling unit--$25
(B) Notification of mold remediation,
				initial: other than owner-occupied residential dwelling unit--$25
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.85 - Inspections and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				department or the department's representative or designee may inspect or
				investigate the business practices of any persons involved with mold-related
				activity for compliance with this chapter.
(b) The department or the department's
				representative or designee, upon presenting identification, shall have the
				right to enter any area or environment, including but not limited to any
				containment area, building, construction site, storage or office area, or
				vehicle to review records, to question any person, or to locate, identify, or
				assess areas of mold growth for the purpose of inspection and investigation for
				compliance with this chapter.
(c)
				The department or its representative or designee conducting official duties is
				not required to notify in advance or seek permission to conduct inspections or
				investigations.
(1) It is a violation for any
				person to interfere with, deny, or delay an inspection or investigation
				conducted by the department or its representative or designee.
(2) The department or its representative or
				designee shall not be impeded or refused entry in the course of official duties
				by reason of any regulatory or contractual specification.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
Violations of the Texas Occupations Code, Chapters 51 or
				  1958, this chapter, or a rule or order of the executive director or commission
				  may result in proceedings to impose administrative penalties, administrative
				  sanctions, or both in accordance with the provisions of the Texas Occupations
				  Code and the associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.92 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 1958, and the associated rules may be used to enforce
				  Texas Occupations Code, Chapter 1958 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.100 - Minimum Work Practices and Procedures for Mold Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. These general work practices are
				minimum requirements and do not constitute complete or sufficient
				specifications for mold assessment. More detailed requirements developed by an
				assessment consultant for a mold assessment or for a particular mold
				remediation project shall take precedence over the provisions of this section.
(b) Purpose. The purpose of a mold
				assessment is to determine the source(s), location(s), and extent of mold
				growth in a building, to determine the condition(s) that caused the mold
				growth, and to enable the assessment consultant to prepare a mold remediation
				protocol.
(c) Personal protective
				equipment for assessors. If an assessment consultant or company determines that
				personal protective equipment (PPE) should be used during a mold assessment
				project, the assessment consultant or company shall ensure that all individuals
				who engage in assessment activities and who will be, or are anticipated to be,
				exposed to mold are provided with, fit tested for, and trained on the
				appropriate use and care of the specified PPE. The assessment consultant or
				company must document successful completion of the training before the
				individuals perform regulated activities.
(d) Sampling and data collection. If samples
				for laboratory analysis are collected during the assessment:
(1) sampling must be performed according to
				nationally accepted methods;
(2)
				preservation methods shall be implemented for all samples where necessary;
(3) proper sample documentation,
				including the sampling method, the sample identification code, each location
				and material sampled, the date collected, the name of the person who collected
				the samples, and the project name or number must be recorded for each sample;
(4) proper chain of custody
				procedures must be used; and
(5)
				samples must be analyzed by a laboratory licensed under §78.62.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.110 - Notification of Mold Remediation Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) General provision. A mold remediation
				contractor or company shall notify the department or the department's
				representative or designee of a mold remediation, as defined in
				§78.10(29), when mold contamination affects a total surface area of 25
				contiguous square feet or more. The notification shall be:
(1) submitted to the department or its
				representative or designee no less than five calendar days before the
				anticipated start date of the mold remediation. The mold remediation contractor
				or company shall retain a confirmation that the department received the
				notification;
(2) submitted on a
				department-approved form in a manner specified by the department. The form must
				be filled out completely and properly. Blanks that do not apply shall be marked
				"N/A." The "N/A" designation will not be accepted for identification of the
				work site, building description, building owner, individuals required to be
				identified on the notification form, start- and stop-dates, or scheduled hours
				of mold remediation;
(3) completed
				to identify the responsible person; and
(4) accompanied by the fee required under
				§78.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.120 - Minimum Work Practices and Procedures for Mold Remediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. These general work practices are
				minimum requirements and do not constitute complete or sufficient
				specifications for a mold remediation project. More detailed requirements
				developed by an assessment consultant for a particular project shall take
				precedence over the provisions of this section.
(b) Remediation work plan. A remediation
				contractor shall prepare a mold remediation work plan that is specific to each
				project, fulfills all the requirements of the mold remediation protocol, and
				provides specific instructions and/or standard operating procedures for how a
				mold remediation project will be performed.
(1) The remediation contractor shall provide
				the mold remediation work plan to the client at least one calendar day before
				the mold remediation preparation work begins.
(2) The remediation contractor shall conduct
				the mold remediation in accordance with the work plan.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.130 - Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) All provisions of §78.100 shall
				apply to the assessment of mold in HVAC systems.
(b) All provisions of §78.120 shall
				apply to the remediation of mold in HVAC systems.
(c) Disinfectants, biocides and antimicrobial
				coatings. A licensee or registered worker under this chapter may apply a
				disinfectant, biocide or antimicrobial coating in an HVAC system only in
				accordance with §78.120(h). The licensee or registered worker shall apply
				the product only after the building owner or manager has been provided a
				material safety data sheet for the product, has agreed to the application, and
				has notified building occupants in potentially affected areas before the
				application. The licensee or registered worker shall follow all applicable
				manufacturer's label directions when using the product.
(d) Other license requirements.
(1) Persons who perform air conditioning and
				refrigeration contracting (including the repair, maintenance, service, or
				modification of equipment or a product in an environmental air conditioning
				system, a commercial refrigeration system, or a process cooling or heating
				system) must be licensed by the department as provided under the Texas
				Occupations Code, Chapter 1302 (relating to Air Conditioning and Refrigeration
				Contractors).
(2) A person who
				performs biomedical remediation as defined under 16 TAC, §
										RSA
				75.10<subdiv>(6)</subdiv> must be
				licensed by the department in accordance with 16 TAC, Chapter 75 (relating to
				Air Conditioning and Refrigeration) unless exempt under 16 TAC, §
										RSA
				75.30(relating to Exemptions) or 16 TAC,
				§
										RSA
				75.100(relating to Technical
				Requirements).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.140 - Post-Remediation Assessment and Clearance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Clearance criteria. For a remediation project to achieve clearance, a licensed
				mold assessment consultant shall conduct a post-remediation assessment using
				visual, procedural, and analytical methods. If walk-in containment is used
				during remediation, the post-remediation assessment shall be conducted while
				the walk-in containment is in place. The post-remediation assessment shall
				determine whether:
(1) the work area is free
				from all visible mold and wood rot; and
(2) all work has been completed in compliance
				with the remediation protocol and remediation work plan and meets clearance
				criteria specified in the protocol.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.150 - Photographs; Certificate of Mold Damage Remediation; Duty of Property Owner

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than ten calendar days after
				the project stop-date, the licensed mold remediation contractor or company
				shall provide the property owner with copies of required photographs of the
				scene of the mold remediation taken before and after the remediation.
(b) Not later than ten calendar days after
				the project stop-date, the licensed mold remediation contractor or company
				shall provide a Certificate of Mold Damage Remediation to the property owner on
				a form adopted by the Texas Commissioner of Insurance. The top section of this
				certificate is signed by a licensed mold assessment consultant and a mold
				remediation contractor for projects performed under the Texas mold assessment
				and remediation rules. The Certificate of Mold Damage Remediation must include
				the following:
(1) a statement by a licensed
				mold assessment consultant (not the licensed mold remediator) that based on
				visual, procedural, and analytical evaluation, the mold contamination
				identified for the project has been remediated as outlined in the mold
				remediation protocol; and
(2) a
				statement on the certificate that the underlying cause of the mold has been
				remediated, if the licensed mold assessment consultant determines that the
				underlying cause of the mold has been remediated so that it is reasonably
				certain that the mold will not return from that same cause.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of Texas
				  Agriculture Code, Chapters 301 and 302, and Texas Occupations Code, Chapter
				  51.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Act--The Texas Weather
				Modification Act, Texas Agriculture Code, Chapters 301 and 302.
(2) Commission--The Texas Commission of
				Licensing and Regulation.
(3)
				Department--The Texas Department of Licensing and Regulation.
(4) Filed--a document is deemed to have been
				filed with the department on the date that the document has been received by
				the department or, if the document has been mailed to the department, the
				postmark date of the document.
(5)
				Operational area--That area, described by metes and bounds or other specific
				bounded description, within which it is reasonably necessary to effectuate the
				purposes of a permitted operation. A part of the operational area may be
				outside the target area and thus not intended to be affected by the
				operation.
(6) Target area--The
				area described by metes and bounds, or other specific bounded description,
				which is intended to be affected by the operation.
(7) Weather modification and
				control--Changing or controlling, or attempting to change or control, by
				artificial methods the natural development of atmospheric cloud forms or
				precipitation forms that occur in the troposphere.
(8) Weather modification and control
				program--Research, development, licensing, and permitting and other associated
				activities to be administered by the Texas Department of Licensing and
				Regulation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.11 - License and Permit Required

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Unless specifically exempted by §79.12, no person may engage in weather
				modification and control activities without first obtaining a license and
				permit from the Department if any part of a Texas county is included in the
				operational or target area of the project.
(b) A separate permit is required for each
				weather modification project. If an operation is to be conducted under
				contract, a permit is required for each separate contract.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.12 - License and Permit Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Upon receiving written approval of exemption status from the Department in
				accordance with this section, persons may engage in the following types of
				weather modification and control activities without obtaining a license or
				permit.
(1) Laboratory research and
				experiments.
(2) Activities of an
				emergency nature for protection against fire, frost, sleet, or fog.
(3) Research, development, and application of
				weather modification technologies conducted by state and federal agencies,
				institutions of higher learning, and bona fide nonprofit research
				organizations.
(4) Activities
				normally conducted for purposes other than inducing, increasing, decreasing, or
				preventing precipitation or hail.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.13 - Application for License

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				for a license shall be filed with the Department on a form provided or approved
				by the Department. The application shall include the required license fee and
				evidence of one of the following:
(1) the
				applicant possesses a baccalaureate or higher degree in meteorology and at
				least five months of relevant field experience acceptable to the Department in
				weather modification;
(2) the
				applicant possesses a baccalaureate or higher degree in physical science or
				engineering and at least ten months of relevant field experience acceptable to
				the Department in weather modification; or
(3) the applicant possesses other training
				and relevant experience that the Department accepts as indicative of sufficient
				competence in the field of meteorology to engage in weather modification
				activities.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.14 - Issuance of License

Current through Reg. 49, No. 28; July 12, 2024
In the event the Department seeks advice on a license
				  application from the Weather Modification Advisory Committee, a provisional
				  license may be issued until such time the Committee meets and makes a
				  recommendation to the Department. A provisional license entitles the applicant
				  to be in control, and in charge, of day-to-day weather modification operations
				  until such time a Committee recommendation, and subsequent Department action on
				  the license application, are forthcoming.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.15 - Renewal of License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				shall issue a renewal license to each applicant who submits a timely license
				renewal application, pays the annual license fee, and maintains the
				qualifications necessary for issuance of an original license.
(b) The Department may refuse to renew the
				license of any applicant who:
(1) has failed
				to comply with any provision of the license, the Act, this chapter, or any
				Texas weather modification permit issued to the licensee by the Department;
				or
(2) has violated provisions of
				weather modification permits or licenses in another state, resulting in
				suspension or revocation of the applicant's license in that other
				state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.17 - Notice of Intention to Obtain Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person seeking to obtain a Texas
				weather modification permit shall file with the Department a notice of
				intention to engage in a weather modification operation.
(b) The applicant shall include the following
				information in the notice of intention and must submit the notice of intention
				in the format prescribed by the Department.
(1) A statement that an application for a
				Texas weather modification permit has been filed with the Department, giving
				the name and address of the applicant.
(2) The date on which the Department issued
				the applicant a Texas weather modification license and all dates of renewal, or
				the date on which the applicant filed an application for a weather modification
				license with the Department.
(3)
				The nature and objectives of the proposed operation and the number of years for
				which a permit is requested.
(4) If
				applicable, the person or organization, including mailing address and
				occupation, on whose behalf the operation is to be conducted.
(5) The operational area in which the
				proposed operation will be conducted, described in sufficient detail to plot
				the location on a map.
(6) The
				target area, which is intended to be affected by the proposed operation,
				described, in sufficient detail to plot the location on a map.
(7) The materials and methods to be used in
				conducting the proposed operation.
(8) The approximate dates and times during
				which the proposed operation will be conducted.
(9) A statement that persons interested in
				the permit application should contact the Department for more
				information.
(10) A statement
				summarizing the conditions under which the public may request a public meeting
				on the application, as set forth in §79.20.
(11) If the application includes hail
				suppression as an objective, a statement summarizing how the public can
				petition for an election.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.18 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
An application for a Texas weather modification permit must
				  be filed with the Department and must include the following.
(1) The required permit fee.
(2) Proof that the applicant holds a valid
				Texas weather modification license or has a pending application for
				one.
(3) Supporting data for the
				application in a form prescribed by the Department, including:
(A) a plan of operation that details the type
				of weather modification activity proposed,
(B) equipment and personnel involved in the
				operation,
(C) a description of
				climate and hazardous weather in the operational area, including explicit
				statements, where applicable, that the permittee will, or will not, and under
				what conditions, conduct operations in areas for which the National Weather
				Service has issued hazardous-weather watches and warnings,
(D) a description of the weather modification
				methodology that will be used, accompanied by documentation (including
				citations in referenced meteorological journals) which attests to the
				technology's scientific credibility, and
(E) a description of the technique that will
				be used to evaluate the overall effect of the proposed operation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.20 - Requests for Public Meeting on Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) If at least 25 eligible persons make a
				timely written request, the Department shall hold a public meeting on an
				application prior to the issuance of a permit.
(b) Those eligible to request a public
				meeting on an application include all persons who reside or own property within
				the boundaries of the weather modification operational area, as defined in the
				application.
(c) A request for a
				public meeting must include:
(1) the
				signature, full name, mailing address, phone number, and physical address and
				county of the residence or property located in the proposed operational area of
				each person requesting a public meeting; and
(2) a statement that each person requesting a
				public meeting resides or owns property within the proposed operational
				area.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.21 - Issuance of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				may issue a Texas weather modification permit upon determination of the
				following:
(1) that the operation proposed in
				the application will not significantly dissipate the clouds and prevent their
				natural course of developing rain in the area where the operation is to be
				conducted to the material detriment of persons or property in that
				area;
(2) that the applicant:
(A) holds a valid Texas weather modification
				license, or has a pending application for one;
(B) has filed an administratively complete
				application in accordance with §79.18; and
(C) has published a notice of intention as
				approved by the Department and filed proof of publication as required by
				§79.17.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.22 - Description of Permit

Current through Reg. 49, No. 28; July 12, 2024
A Texas weather modification permit shall include the
				  following:
(1) the effective period of
				the permit, which may be all or part of a year or years, but not more than four
				years, and
(A) if the permit is for more than
				one year, the permit shall contain a statement that it shall remain valid for
				so long as the permittee continues to operate in successive years during all or
				some of the months authorized;
(B)
				if a weather modifier is authorized to conduct an operation on behalf of a
				sponsoring entity, the term of the permit shall be limited to the duration of
				the contract in effect between the weather modifier and the sponsor at the date
				that the Department issues the permit; and
(C) if a weather modifier and client include
				in their initial contract that their agreement should be renegotiated during
				the term of a multi-year permit, the permit shall contain a statement that the
				weather modifier must submit a copy of any modified contract to the Department
				for review and approval before the start of operations under that modified
				contract;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.31 - Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
Any person conducting a weather modification operation with
				  an operational or target area that includes any part of a Texas county must
				  record and maintain, for each operation, the following:
(1) the daily log (NOAA Form 17-4B) required
				by 15 Code of Federal Regulations, §908.8(a); and
(2) the supplemental information required by
				15 Code of Federal Regulations, §908.8(b), (c), and (d).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.32 - Additional Recordkeeping Requirements for Operations Employing Aircraft

Current through Reg. 49, No. 28; July 12, 2024
In addition to the record keeping requirements of
				  §79.31, any person conducting a weather modification operation with an
				  operational or target area that includes any part of a Texas county and that
				  employs aircraft for reconnaissance or seeding purposes must record and
				  maintain, for each operation, the following:
(1) date;
(2) time period (in minutes of local
				time);
(3) rates of dispersion of
				the seeding agent for each flight;
(4) total amount of seeding agent
				dispensed;
(5) description of each
				flight track logged in such a manner as to allow a complete and accurate
				reconstruction of the run and identified at the beginning and ending of each
				flight by one of the following methods:
(A)
				radial and distance from a standard reference point,
(B) ground fixes in statute miles from a
				nearby town or landmark, or
(C)
				geostationary positioning system (GPS) location.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.33 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				conducting a weather modification operation with an aircraft operating within
				an operational or target area that includes any part of a Texas county must
				report in writing to the department, or on a publicly-accessible website, the
				following information according to the schedule given:
(1) any changes or additions to the list
				filed with the permit application in accordance with §79.18(3)(B) must be
				filed by the fifteenth day of the following month;
(2) for each month in which operations are
				conducted, one copy of the record of operations for that month required by
				§79.31 and, if applicable, one copy of the record of operations for that
				month required by §79.32 must be filed by the fifteenth day of the
				following month;
(3) one copy of
				all other reports required by 15 Code of Federal Regulations, §§908.5
				- 908.7, must be filed no later than the deadlines set by the federal
				regulation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.41 - Amendment, Revocation, or Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department may initiate proceedings
				before the Executive Director to:
(1) amend a
				permit if it appears necessary to protect the health or property of any person;
				or
(2) suspend or revoke a permit
				or license if the Department has good cause to believe that the permit or
				license should be suspended or revoked.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.42 - Good Cause

Current through Reg. 49, No. 28; July 12, 2024
(a) Good cause to
				believe that a license should be revoked or suspended shall include, but not be
				limited to, the following:
(1) the licensee
				has violated any of the provisions of the Act, rules, or license;
(2) the licensee has filed false and/or
				misleading information on his or her application;
(3) the individual or individuals named in
				the license no longer possess the qualifications necessary for the issuance of
				an original license;
(4) the
				operational personnel or other information which were the basis for the
				issuance of the license have changed materially; or
(5) the licensee is deemed incompetent to
				hold a license by virtue of previous violations of weather modification permits
				or licenses in other states, resulting in suspension or revocation of the
				licensee's license in that other state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.43 - Notice and Hearing

Current through Reg. 49, No. 28; July 12, 2024
The Department may initiate proceedings to amend, suspend,
				  revoke, or otherwise sanction a permit or a license and/or recommend
				  administrative penalties in accordance with the Act or the Texas Occupations
				  Code, Chapter 51 and 16 TAC, Chapter 60 (relating to the Texas Commission of
				  Licensing and Regulation).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.44 - Emergency Order To Cease Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				the executive director determines that probable imminent injury or hazard to
				any person, property, or to the public, will occur as the result of a weather
				modification operation, the executive director shall immediately initiate
				proceedings to order a licensee or the person in control and in charge of the
				operation to cease some or all operations without suspending the
				permit.
(b) Notice of the order to
				discontinue operation may be given verbally by the executive director to the
				licensee or to the person in control and in charge of the operation, to be
				confirmed in writing thereafter at the earliest possible date.
(c) Operations may resume after the licensee
				or person in control and in charge of the operation has been notified by the
				executive director that the probability of injury or hazard has
				ceased.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.51 - Application for License Amendment

Current through Reg. 49, No. 28; July 12, 2024
A licensee seeking to amend any provision of a Texas weather
				  modification license must:
(1) file a
				license amendment request with the Department, in accordance with the
				requirements of §79.13, and pay the required amendment fee;
(2) if the amendment being requested involves
				adding a person or persons to the license, provide sufficient documentation on
				the education and training, qualifications, and work experience of the
				individual or individuals who is (are) to be in control, and in charge, of
				weather modification operations for the licensee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.52 - Issuance of License Amendment

Current through Reg. 49, No. 28; July 12, 2024
The Department shall issue a Texas weather modification
				  license amendment in the same manner as issuance of an original license in
				  accordance with §79.14.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.53 - Application for Permit Amendment

Current through Reg. 49, No. 28; July 12, 2024
A permittee seeking to amend any provision of a Texas weather
				  modification permit must:
(1) file a
				permit amendment application with the Department in accordance with the
				requirements of §79.18 and pay the required amendment fee
(2) unless the Department deems the
				amendments minor in accordance with §79.55, file and publish a notice of
				intention with the Department in accordance with the requirements of
				§79.17; however, the headings of the notice of intention should be altered
				to reflect the fact that the permittee seeks an amendment rather than an
				original permit;
(3) if the
				amendment sought by the permittee alters only the delineation of either the
				operational or target areas to the extent that territory is added to either or
				both areas, publish the notice of intention only in the counties that include
				any part of the territory being added to the operational or target
				areas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.54 - Issuance of Permit Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Department shall issue a Texas weather modification permit amendment in the
				same manner as for issuance of an original permit in accordance with
				§79.21.
(b) The Department
				will evaluate requests for a public meeting on permit amendment applications in
				the same manner as for original permit applications in accordance with
				§79.20.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.55 - Exception for Minor Permit Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				No notice of intention need be filed or published and no public meeting will be
				scheduled with respect to applications for amendments that the Department deems
				minor.
(b) An amendment shall be
				deemed minor if:
(1) in the judgment of the
				Department, it has no potential for harming the health or property of any
				person; and
(2) it does not negate
				or render inaccurate any information contained in the notice of intention that
				was published with respect to the original application for the permit that is
				sought to be amended.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.61 - Hail Suppression as Objective of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If the notice published pursuant to Agriculture Code Chapter 301, Subchapter D
				does not include notice that hail suppression is an objective of the operation,
				any qualified voter in the proposed target or operational area may request that
				the Department determine whether the objective of the operation includes hail
				suppression.
(b) The Commission
				shall consider the request in a public meeting and determine the nature of the
				proposed operation. The Commission shall issue an order that determines the
				nature of the operation. If the Commission determines that the proposed
				operation includes hail suppression as an objective, the order shall specify
				the terms under which the applicant may republish the notice of
				intention.
(c) If the Commission
				determines that the objectives of the proposed operation include hail
				suppression, the Commission shall not issue a permit unless the applicant meets
				the requirements of the order issued by the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.62 - Issuance of Permit When Election Held

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If qualified voters in counties or parts of counties included in the target
				area or operational area petition for and cause an election or elections to be
				held in accordance with Agriculture Code Chapter 301, Subchapter D, the
				Department must evaluate the results of the election or elections, as certified
				and filed by the respective county commissioners court in accordance with
				Agriculture Code Chapter 301, Subchapter D before issuing the permit.
(b) If, as a result of the election or
				elections, certain areas are excluded from the coverage of the permit as
				applied for, the Department must determine if the proposed operation is still
				feasible for those areas in which no election was requested and in those areas
				in which the voters gave their approval. The Department may conduct a public
				meeting for the sole purpose of determining the feasibility of the proposed
				operation.
(c) The Department shall
				not issue the permit if a majority of the qualified voters voting in the
				election precincts, which are wholly or partially within the target area, vote
				in opposition to the issuance of the permit.
(d) The Department may issue the permit if a
				majority of the qualified voters voting in the election precincts that are
				wholly or partially within the target area vote in favor of the issuance of the
				permit. However, the permit must exclude any precinct in which the majority of
				qualified voters voted in opposition to the issuance of the permit if that
				precinct is wholly within the target area and contiguous with its outer
				boundary or is wholly or partially within the operational area.
(e) No permit can be issued covering any
				county or part of a county previously excluded from the coverage of a permit by
				virtue of an election for at least two years from the date of the election, and
				then, only if a subsequent election is held at which the majority of voters
				vote to approve the permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 79 - WEATHER MODIFICATION › Section 79.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Original and Renewal License and Permit
				fees:
(1) Weather Modification
				License--$750.
(2) Weather
				Modification Permit--$100.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 82 - BARBERS › Section 82.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of the Texas
				  Occupations Code Chapters 51, 1601 and 1603.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 82 - BARBERS › Section 82.20 - License Requirements-Individuals (before September 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for a Class A Barber Certificate, Barber Technician License, Manicurist
				License, Barber Technician/Manicurist License, Barber Technician/Hair Weaving
				License or Hair Weaving Specialty Certificate of Registration, an applicant
				must:
(1) submit the completed application on
				a department-approved form;
(2)
				pass the applicable examination;
(3) pay the fee required under §82.80;
				and
(4) meet other applicable
				requirements of the Act, this section, and the applicable curriculum standards
				set forth in §82.120.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 82 - BARBERS › Section 82.80 - Fees (before September 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				Fees:
(1) Class A Barber
				Certificate--$55
(2) Specialty
				License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber
				Technician/Hair Weaving--$30
(3)
				Student Permit--$25
(4) Specialty
				Certificate of Registration--Hair Weaving--$30
(5) Barbershop Permit--$60
(6) Mini-Barbershop Permit--$60
(7) Specialty Shop Permit--$50
(8) School Original Permit--$300
(9) Dual Shop--$130
(10) Mini-Dual Shop Permit--$60
(11) Mobile Shop--$60