reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.40 - Public Involvement

Current through Reg. 49, No. 28; July 12, 2024
Recipients of state and federal public transportation funds
					 through the department, as applicable, shall:
(1) satisfy the certification requirements of
				  49
				  U.S.C. §5310(e)(2)(A)
				  --Project Selection and Plan Development, Enhanced Mobility of Seniors and
				  Individuals with Disabilities Program;
(2) satisfy the certification requirements of
				  49 U.S.C.
				  §5316(g)(3)(B)
				  --Project Selection and Planning, Job Access and Reverse Commute Program, as
				  governed by the Safe, Accountable, Flexible, Efficient Transportation Equity
				  Act: A Legacy for Users (SAFETEA-LU);
(3) satisfy the certification requirements of
				  49 U.S.C.
				  §5317(f)(3)(B)
				  --Project Selection and Planning, New Freedom Program, as governed by
				  SAFETEA-LU; and
(4) provide the
				  annual FTA certifications and assurances.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.41 - Private Sector Participation

Current through Reg. 49, No. 28; July 12, 2024
In accordance with
					 49
					 U.S.C. §5306 and §
										5323(a)(1),
					 recipients of state and federal public transportation funds shall to the
					 maximum extent feasible provide for the participation of private companies
					 engaged in public transportation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.42 - Standard Federal Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				  Transit Administration programs are subject to 2 C.F.R. Part 200 and Part 1201,
				  Uniform Administrative Requirements, Cost Principles, and Audit Requirements
				  for Federal Awards.
(b) The
				  programs are also subject to the program regulations promulgated by the Federal
				  Transit Administration and applicable program circulars.
(c) Changes to federal rules, regulations,
				  and circulars applicable to the programs will be implemented and incorporated
				  into the rules governing the specific program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.43 - Contracting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section describes contracting standards and related requirements for recipients
				  of state and federal public transportation grant funds.
(b) Standards. The standards contained in 2
				  C.F.R. Part 200 and Part 1201, Uniform Administrative Requirements, Cost
				  Principles, and Audit Requirements for Federal Awards apply to public
				  transportation contracting activities. The department will monitor subrecipient
				  compliance with those standards.
(c) Subcontracts. Subrecipients shall furnish
				  to the department notice of the intent to award a purchase order or contract to
				  any individuals or organizations not a part of the subrecipient's organization
				  when the amount of the purchase meets or exceeds the threshold level in the
				  Government Code or Local Government Code (or greater than $25,000 for those
				  entities not covered by the Government Code or Local Government Code) requiring
				  formal competitive procurement. Purchases shall not be split out to stay below
				  the threshold amount. No subcontract will relieve the subrecipient of the
				  subrecipient's legal responsibilities to the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.44 - Procurement Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section describes procurement standards and related requirements for recipients
				  of state and federal public transportation grant funds.
(b) Standards. The standards contained in 2
				  C.F.R. Part 200 and Part 1201, Uniform Administrative Requirements, Cost
				  Principles, and Audit Requirements for Federal Awards apply to public
				  transportation procurement activities. All subrecipients shall maintain written
				  procurement policies. Those policies shall, at a minimum, provide the
				  following.
(1) Goods, services and equipment
				  purchases.
(A) Goods, services, or equipment
				  requiring formal competitive procurement in accordance with the applicable
				  provisions in the Government Code or Local Government Code (greater than
				  $25,000 for those entities not covered by the Government Code or Local
				  Government Code) shall require sealed bids or proposals. Bids for computer and
				  radio systems shall include all subcomponents necessary for the system to be
				  operated in the unit cost. Exceptions will be allowed for those entities that
				  are eligible to purchase items through the state open contract
				  procedures.
(B) Goods, services, or
				  equipment not requiring formal competitive procurement in accordance with the
				  applicable provisions in the Government Code or Local Government Code ($25,000
				  or less for those entities not covered by the Government Code or Local
				  Government Code) do require the solicitation of quotes or offers from at least
				  three sources. Purchases of goods, services, or equipment with a total cost of
				  $3,000 or less do not require quotes or offers from at least three sources but
				  are to be distributed equitably among qualified suppliers. The subrecipient
				  shall retain a written record of these solicitations. Exceptions will be
				  allowed for those entities that are eligible to purchase items through the
				  state open contract procedures.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.45 - Accounting and Financial Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section describes
				  accounting and financial recordkeeping standards and related requirements for
				  recipients of state and federal public transportation grant funds.
(b) Standards. The contractor's financial
				  management system shall meet or exceed the requirements of 2 C.F.R. Part 200
				  and Part 1201, Uniform Administrative Requirements, Cost Principles, and Audit
				  Requirements for Federal Awards. Those requirements include:
(1) accurate, current, and complete
				  disclosure of the financial transactions of each grant program in accordance
				  with state and federal reporting requirements;
(2) records that identify adequately the
				  source and application of funds for grant-supported activities (records shall
				  contain information pertaining to grant awards and authorization, obligations,
				  commitments, assets, liabilities, outlays, and income);
(3) effective control over and accountability
				  for all funds, property, and other assets (the recipient shall adequately
				  safeguard all assets and shall assure that they are used solely for authorized
				  purposes);
(4) comparison of actual
				  with budgeted amounts for each contract, and relation of financial information
				  to performance or productivity data, including the production of unit cost
				  information;
(5) procedures for
				  determining the eligibility for reimbursement and proper allocation of
				  cost;
(6) accounting records that
				  are supported by source documentation; and
(7) a systematic method to assure timely and
				  appropriate resolution of audit findings and recommendations.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.46 - Reimbursement Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section describes reimbursement procedures for recipients of state and federal
				  public transportation grant funds.
(b) Contractor responsibilities. Unless the
				  department provides written authorization to the contrary, the contractor
				  shall:
(1) submit reimbursement requests in a
				  timely fashion, with all supporting documentation as required by the department
				  and specified in the project agreement;
(2) submit a final project billing within 45
				  days of the termination date specified in the project agreement; and
(3) make payments promptly to subcontractors
				  and suppliers, and failure to do so shall be grounds for termination of the
				  grant contract by the department (the department shall not be responsible for
				  the debts of the contractor).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.47 - Audit and Project Close-Out Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section describes audit and
				  close-out requirements for recipients of state and federal public
				  transportation grant funds.
(b)
				  Audit standards. Contractor audit procedures shall meet or exceed the single
				  audit report requirement of 2 C.F.R. Part 200, Uniform Administrative
				  Requirements, Cost Principles, and Audit Requirements for Federal Awards.
(1) Access. The United States Secretary of
				  Transportation, the Comptroller General of the United States, the executive
				  director of the department, and the State Auditor, and any of their authorized
				  representatives, shall have access to the financial and other project records
				  at all reasonable times during the contract period and for the record retention
				  period for the purpose of making audits, examinations, excerpts and
				  transcripts.
(2) Documentation. The
				  contractor shall maintain financial records, supporting documents, statistical
				  records, and all other records of the public transportation grant.
(3) Records retention. Financial records,
				  supporting documents, statistical records, and all other records of the public
				  transportation grant shall be retained for a period of three years after grant
				  closeout, with the following qualifications.
(A) Litigation. If any litigation, claim, or
				  audit is started before the expiration of the three-year period, the records
				  shall be retained until all litigations, claims, and audit findings involving
				  the records have been resolved.
(B)
				  Nonexpendable property. Records for nonexpendable property acquired with
				  federal or state funds shall be retained for three years after its final
				  disposition.
(C) Transfer of
				  records. The three-year retention requirement is not applicable to the
				  contractor when the records are transferred to or maintained by the federal or
				  state grantor agency.
(D)
				  Procurement records. The three-year retention requirement is not applicable to
				  capital projects covered under §
												31.44(b)(3)
				  of this chapter.
(4)
				  Project close-outs. The contractor shall make every reasonable effort to
				  complete all project activities and request appropriate reimbursements within
				  the time period specified in the project agreement. Project audits shall also
				  be completed within the specified time period and any findings resolved with
				  all practicable speed. Upon completion of these activities, the contractor
				  shall provide the department written notification of project close-out and the
				  release of any unspent project balances.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.49 - Transportation Needs of Clients of Health and Human Service Agencies and Coordination of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section describes requirements for addressing the transportation needs of
				  clients of health and human service agencies and for the coordination of
				  services between recipients of state and federal public transportation grant
				  funds and other transportation operators.
(b) Planning for client transportation.
(1) The department will consider and will
				  encourage metropolitan planning organizations to consider the transportation
				  needs of persons who are clients of health and human services agencies in the
				  planning processes performed under Chapter 16, Subchapter B, of this title
				  (relating to Transportation Planning).
(2) An applicant for state or federal
				  financial assistance under this chapter must submit evidence of coordination
				  efforts to the department. This evidence must include a certification that,
				  whenever possible, and to the maximum extent feasible, the existing network of
				  transportation providers, and in particular the fixed route components of
				  public transportation systems, will be used to meet the client transportation
				  requirements of the state's social service agencies and their
				  clients.
(3) The department will
				  encourage, to the maximum extent possible, state health and human services
				  agencies to base their transportation funding decisions on the recommendations
				  that result from the:
(A) planning processes
				  described under paragraph (1) of this subsection; and
(B) evidence of coordination efforts
				  submitted under paragraph (2) of this subsection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter E - PROPERTY MANAGEMENT STANDARDS › Section 31.50 - Recordkeeping and Inventory Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. To protect the public investment in real property and equipment
				  purchased in whole or in part with state or federal public transportation funds
				  administered by the department, subrecipients shall comply with the standards
				  described in this section.
(b)
				  Property records. The subrecipient shall maintain records that include:
(1) a description of the property;
(2) a serial number or other identification
				  number;
(3) the source of the
				  property;
(4) who holds
				  title;
(5) the acquisition date and
				  cost of the property;
(6) the
				  percentage of state and the percentage of federal participation in the cost of
				  the property;
(7) the location,
				  use, and condition of the property; and
(8) any ultimate disposition data, including
				  the date of disposal and sale price of the property.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter E - PROPERTY MANAGEMENT STANDARDS › Section 31.51 - Asset Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Title
				  49 U.S.C.
				  §5326 authorizes the Secretary of the
				  U.S. DOT to establish and implement a national transit asset management system.
				  Recipients and subrecipients must develop transit asset management plans and
				  report to the Secretary annually.
(b) Affected agencies. Subrecipients of
				  federal transit assistance through the department must comply with
				  49 U.S.C.
				  §5326.
(c) Department role. The department acts as
				  the designated recipient of multiple Federal Transit Act programs. As the
				  administering agency the department will:
(1)
				  provide guidance to agencies requesting assistance with the development of a
				  transit asset management plan;
(2)
				  certify subrecipient compliance with
				  49 U.S.C.
				  §5326 requirements;
(3) provide the Federal Transit
				  Administration (FTA) with an annual report that includes at a minimum:
(A) overall condition of transit
				  assets;
(B) changes since the last
				  report;
(C) performance measures;
				  and
(D) progress in meeting
				  performance measure targets.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter E - PROPERTY MANAGEMENT STANDARDS › Section 31.53 - Maintenance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. To
				  protect the public investment in real property and equipment purchased in whole
				  or in part with state or federal public transportation funds administered by
				  the department, subrecipients shall comply with the standards described in this
				  section.
(b) Real property and
				  facilities. Subrecipients shall perform necessary maintenance and
				  groundskeeping to preserve the value of the original investment and its
				  physical appearance and integrity. Failure to establish and observe a
				  maintenance program constitutes grounds for the department to direct the
				  transfer or disposition of the real property or facility.
(c) Equipment. Subrecipients shall maintain
				  equipment to ensure that the equipment remains in good condition. Failure to
				  establish and observe a maintenance program constitutes grounds for the
				  department to direct the transfer or disposition of the equipment.
(d) Maintenance program. Subrecipients shall
				  have a maintenance program that includes:
(1)
				  a written maintenance plan;
(2)
				  preventive maintenance inspections and scheduled services, which shall include
				  at a minimum the manufacturers' recommended servicing schedules;
(3) provisions for accessibility;
(4) management of maintenance
				  resources;
(5) warranty compliance
				  and recovery; and
(6) standards for
				  maintenance subcontractors.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter E - PROPERTY MANAGEMENT STANDARDS › Section 31.55 - Title

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. To protect the public investment
				  in real property and equipment purchased in whole or in part with state or
				  federal public transportation funds administered by the department,
				  subrecipients shall observe the requirements described in this
				  section.
(b) Ownership. With regard
				  to vehicles and real property purchased with funds provided by the department
				  through grants executed on or after January 1, 2002, including vehicles and
				  real property transferred from one subrecipient to another, a subrecipient
				  shall record a lien naming the Texas Department of Transportation, Public
				  Transportation Division, as the lienholder. The department may waive this
				  requirement or may approve in writing an alternative form of recording its
				  interest.
(c) Nonencumbrance.
				  Except as specifically authorized by these rules, a subrecipient shall not
				  execute any lease, pledge, mortgage, lien, or other contract touching or
				  affecting the federal or state interest in any project facilities or equipment;
				  nor shall the subrecipient, by any act or omission of any kind, adversely
				  affect the federal or state interest or impair its continuing control over the
				  use of project facilities or equipment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.3 - Compliance Adoption by Reference

Current through Reg. 49, No. 28; July 12, 2024
Grantees shall comply with all applicable state and federal
				  statutes, rules, regulations, and guidelines.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.9 - Nonsupplanting Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) State funds
				provided by this Act shall not be used to supplant state or local
				funds.
(b) Supplanting means the
				replacement of other funds with Motor Vehicle Crime Prevention Authority
				(MVCPA) grant funds. It shall also include using existing resources already
				available to a program activity as cash match.
(c) Positions which existed prior to new
				grant award approval and were funded from any source other than MVCPA grant
				funds are not eligible for grant funding or to be used as cash match.
(d) If a grant program is reduced by 20% or
				more from the previous year, and as a result, grant funded or match positions
				are transferred to other duties for the grant year, they may be returned to
				grant funding in the subsequent grant year. This exception is not available for
				any positions that have not been grant funded or used as match for more than
				one grant year.
(e) Each grantee
				shall certify that MVCPA funds have not been used to replace state or local
				funds that would have been available in the absence of MVCPA funds. The
				certification shall be incorporated in each grantee's expenditure
				report.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.10 - Nonlobbying Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Each grantee
				shall certify that none of the grant funds, regardless of their source or
				character, including local cash contribution, shall be used in any manner to
				influence the outcome of any election or the passage or defeat of any
				legislative measure.
(b) A finding
				that a grantee has violated this certification shall result in the immediate
				termination of funding of the project and the grantee shall not be eligible for
				future funding from the Motor Vehicle Crime Prevention Authority (MVCPA)
				.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.11 - Bonding and Insurance

Current through Reg. 49, No. 28; July 12, 2024
Each private nonprofit organization directly receiving grant
				  funds from the MVCPA must secure and maintain a commercial bond against the
				  loss or theft of MVCPA grant funds.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.14 - Approval of Grant Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				MVCPA board will approve funding for projects on an annual basis, subject to
				continuation of funding through state appropriations and availability of
				funds.
(b) To be eligible for
				consideration for funding, a project must be designed to support one of the
				following MVCPA program categories:
(1) Law
				Enforcement, Detection and Apprehension;
(2) Prosecution, Adjudication and
				Conviction;
(3) Prevention,
				Anti-Theft Devices;
(4) Reduction
				of the Sale of Stolen Vehicles or Parts; and
(5) Educational Programs and
				Marketing.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.15 - Implementation of Grant

Current through Reg. 49, No. 28; July 12, 2024
(a) Each grantee
				shall implement the grant within 45 days of the designated start date indicated
				on the grant award statement.
(b)
				Failure by the grantee to implement a grant within 45 days will be construed by
				the MVCPA as the grantee's relinquishment of the grant award.
(c) Any exception to this section will
				require the review and written approval of the MVCPA director and MVCPA board
				designee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.16 - Operation of Grant

Current through Reg. 49, No. 28; July 12, 2024
All grants shall be conducted in accordance with the
				  following:
(1) applicable federal or
				state laws, rules, regulations, policies, or procedures; and
(2) terms, conditions, standards, or
				stipulations of grant agreements.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.17 - Payment of Outstanding Liabilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Upon completion of the grant period, a grantee must pay all valid outstanding
				liabilities within 90 days.
(b) All
				payments made after the completion of the grant period must relate to
				obligations encumbered before the end of the grant period.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.18 - Grant Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a) The grantee
				must secure prior written approval from the MVCPA director for any of the
				following:
(1) changes in the need,
				objectives, approach, or geographical location of the grant;
(2) changes in the number of positions or job
				descriptions of personnel specified in the grant agreement;
(3) transfers of funds among direct cost
				categories exceeding 5.0% of the total grant budget;
(4) changes in equipment or other controlled
				assets amounts, types, or methods of acquisition;
(5) use of confidential funds not specified
				in the grant agreement;
(6) use of
				program income for reasonable and necessary expenses of over $1000 or
				more;
(7) changes in overtime or
				out-of-state travel of $1000 or more; or
(8) other changes for which the grant
				agreement or uniform grant and contract management standards require prior
				approval.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.21 - Obligation of Grant Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant funds
				may not be obligated prior to the effective date or subsequent to the
				termination date of the grant period.
(b) Obligations must be related to goods or
				services provided and used for approved purposes.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.22 - Third Party Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				grantee will retain ultimate control of and responsibility for the grant
				project and any contractor shall be bound by grant agreements, grant
				conditions, and any other requirements applicable to the grantee.
(b) Contracts, including any amendments, must
				be reviewed and approved as to form and content by the MVCPA director or MVCPA
				board designee prior to the release of any funds under the contract when the
				amount is $15,000 or more.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.23 - Financial, Progress, and Inventory Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Each grantee shall submit all required
				reports in accordance with the instructions provided in the MVCPA Grant
				Administrative Manual.
(b)
				Reporting is based on the Texas government fiscal year calendar, beginning
				September 1 through August 31.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.24 - Deobligation of Grant Funds

Current through Reg. 49, No. 28; July 12, 2024
Any unobligated funds remaining with the grantee shall be
				  returned immediately to the MVCPA with the final financial report on or before
				  November 30.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.25 - Cancellation of Project

Current through Reg. 49, No. 28; July 12, 2024
The grantee shall notify the MVCPA, in writing, of the
				  cancellation of any approved project immediately upon the determination to
				  cancel the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.26 - Misappropriation of Funds

Current through Reg. 49, No. 28; July 12, 2024
The grantee must, immediately upon discovery, report to the
				  MVCPA director and the MVCPA general counsel any evidence of misappropriation
				  of funds.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.27 - Withholding Funds from Grantees

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				MVCPA may withhold funds from a grantee or projects operated by the grantee
				when:
(1) determination is made that the
				grantee has failed to:
(A) comply with
				applicable federal or state laws, rules, regulations, policies, or the grant
				agreements on which the award of the grant is predicated;
(B) submit required reports on
				time;
(C) provide a response to
				audit or monitoring findings on time;
(D) return any unused grant funds remaining
				on the expired grant within the required timeframe;
(E) use funds appropriately; or
(F) commence project operations within 45
				days of the project start date; or
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.29 - Termination for Cause

Current through Reg. 49, No. 28; July 12, 2024
(a) The MVCPA may
				terminate any grant for failure to comply with any of the following:
(1) applicable federal or state laws, rules,
				regulations, policies, or guidelines;
(2) terms, conditions, standards, or
				stipulations of grant agreements; or
(3) terms, conditions, standards, or
				stipulations of any other grant awarded to the grantee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.30 - Appeal of Termination of Grant

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				grantee may appeal the termination of a grant by writing to the MVCPA director
				and MVCPA board designee within 10 days from the date of the suspension or
				termination notification.
(b) The
				grantee may submit written documentation in support of the appeal.
(c) The MVCPA director and MVCPA board
				designee shall consider any documentation submitted by a grantee in support of
				an appeal and make a recommendation to the MVCPA board on a grantee's
				appeal.
(d) The decision of the
				MVCPA is final and not subject to judicial review.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.33 - Uniform Crime Reporting

Current through Reg. 49, No. 28; July 12, 2024
Each criminal and juvenile justice agency receiving funds
				  from the MVCPA or that benefits from funds awarded by the MVCPA to another
				  agency must, as a condition precedent to any grant award, comply fully with
				  reporting requirements of the Texas Uniform Crime Reporting Program, Department
				  of Public Safety.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.34 - Funding for Project Promotion

Current through Reg. 49, No. 28; July 12, 2024
(a) Funds
				may be used by the MVCPA and grantees for promotional items to enhance auto
				theft crime prevention efforts.
(b)
				Funds may be provided for project promotion through paid advertisement, such as
				billboards, television, newspaper, or radio announcement. Production costs for
				public service announcements are an allowable expense.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.36 - Level of Funding for Grant Projects

Current through Reg. 49, No. 28; July 12, 2024
A grantee must contribute a cash match of 20% of the total
				  MVCPA award, for each year of funding, in order to be eligible for MVCPA
				  funds.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.41 - Violation of Law

Current through Reg. 49, No. 28; July 12, 2024
(a) If the grantee
				has a reasonable belief that a criminal violation may have occurred in
				connection with MVCPA funds, including the misappropriation of funds, fraud,
				theft, embezzlement, forgery, or any other serious irregularities indicating
				noncompliance with the requirements of a grant, the grantee must immediately
				notify the MVCPA director and the MVCPA general counsel in writing of the
				suspected violation or irregularity.
(b) The grantee may also notify the local
				prosecutor's office of any possible criminal violations.
(c) Grantees whose programs or personnel
				become involved in any litigation arising from the grant, whether civil or
				criminal, must immediately notify and forward a copy of any demand notices,
				lawsuits, or indictments to the MVCPA director and the MVCPA general
				counsel.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.48 - Motor Vehicle Years of Insurance Calculations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each insurer, in calculating the fees
				established by Transportation Code §
									1006.153, shall
				comply with the following guidelines:
(1) The
				single statutory fee of $5 is payable on each motor vehicle for which the
				insurer provides insurance coverage during the calendar year regardless of the
				number of policy renewals; and
(2)
				When more than one insurer provides coverage for a motor vehicle during the
				calendar year, each insurer shall pay the statutory fee for that
				vehicle.
(3) "Motor vehicle
				insurance" as referred to in Transportation Code, Chapter 1006, means motor
				vehicle insurance as defined by the Insurance Code, Article 5.01(e). This
				definition shall be used when calculating the fees under this
				section.
(4) All motor vehicle or
				automobile insurance policies as defined by Insurance Code, Article 5.01(e),
				covering a motor vehicle shall be assessed the $5 fee except mechanical
				breakdown policies, garage liability policies, non-resident policies and
				policies providing only non-ownership or hired auto coverages.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.49 - Audit

Current through Reg. 49, No. 28; July 12, 2024
(a) The MVCPA may employ or retain the
				services of auditors for the purpose of assisting the MVCPA to determine an
				insurer's compliance with the requirements of Transportation Code, §
				1006.153.
(b) All insurers subject
				to Transportation Code, § 1006.153, shall make their books and records
				reflecting motor vehicle years of insurance available to the auditors upon
				request during normal business hours.
(c) The MVCPA may assess charges for audit to
				insurance companies in cases where the companies' assertion of Refund Due was
				determined to be unfounded.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.50 - Report to Department of Insurance

Current through Reg. 49, No. 28; July 12, 2024
If the MVCPA determines that an insurer failed to pay or
				  intentionally underpaid the fee required by Transportation Code, §
				  1006.153, the MVCPA shall notify the Texas Department of Insurance with the
				  request that the department revoke the insurer's certificate of
				  authority.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.51 - Refund Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) An insurer
				that seeks a determination of the sufficiency or a refund of a semi-annual
				payment must file an amended report for each period and submit a written claim
				to the MVCPA director or the MVCPA board for a determination or a refund not
				later than four years after the date the semi-annual payment was made to the
				state comptroller.
(b) The director
				or the MVCPA board designee shall review the claim and obtain from the insurer
				any additional information, if any, that may be necessary or helpful to assist
				in the MVCPA determination. If an insurer refuses to provide the requested
				information, the refund shall be denied in whole or in part.
(c) The director or the MVCPA board designee
				is authorized to employ or retain the services of a third party, such as the
				state comptroller, to assist in the determination. The director or the designee
				shall prepare a written report to the MVCPA based on the director's or the
				designee's review and shall contain findings, conclusions, and a
				recommendation.
(d) The MVCPA shall
				base its determination on the documentary evidence considered by the director
				or the MVCPA board designee. The MVCPA decision shall be based on a majority
				vote of the MVCPA board. The MVCPA decision is final and is not subject to
				judicial review.
(e) Upon
				determining that an insurer is entitled to a refund, the MVCPA shall notify the
				comptroller and request the comptroller to draw warrants for the purpose of
				refunding overpayments.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.52 - Assessment of Penalty or Interest for Late Payment of the Fee, Filing of Report; Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) Penalty for Late
				Payment of Fee or Filing of Report.
(1) A
				penalty shall be assessed against an insurer for the delinquent payment of the
				fee required under Transportation Code §
										1006.153(b-1)
				or the delinquent filing of any report of the fee required.
(2) The penalty for the delinquent payment of
				the fee or late filing of the report shall be assessed in accordance with Tax
				Code §
										111.061(a).
(3) Interest accrues in the manner described
				in Tax Code §
										111.060 on any fee paid
				after the due date.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 3 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Chapter 57 - MOTOR VEHICLE CRIME PREVENTION AUTHORITY › Section 57.58 - Licensure of Intellectual Property

Current through Reg. 49, No. 28; July 12, 2024
(a) MVCPA
				may authorize the licensure of MVCPA owned intellectual property.
(b) MVCPA will determine the monetary value
				of MVCPA intellectual property and will set license fees.
(1) In determining an appropriate fee for
				licensure of MVCPA intellectual property, MVCPA will consider the:
(A) commercial rates for comparable
				property;
(B) development
				cost;
(C) intended use of the
				property;
(D) private or public
				status of the requestor; and
(E)
				primary beneficiary of the license.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 5 - HARRIS COUNTY TAX ASSESSOR-COLLECTOR › Chapter 95 - REGULATION OF MOTOR VEHICLE TITLE SERVICES › Section 95.1 - Motor Vehicle Title Service Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) Who
				must apply for Motor Vehicle Title Service License.
(1) All companies and individuals wishing to
				conduct title service business in Harris County, as defined in Chapter 520 of
				the Transportation Code under subchapter E must be licensed by the County Tax
				Assessor-Collector.
(2) Any
				organization that falls into the category of "motor vehicle title service"
				company must be registered and licensed by the County Tax Assessor-Collector.
				"Motor vehicle title service" means any person who, for compensation, directly
				or indirectly assists other persons in obtaining title documents by submitting,
				transmitting or sending applications for the title documents to the appropriate
				government agencies.
(3) There are
				two categories of licenses that are required to do business: the Motor Vehicle
				Title Service License and the Title Service Runner License.
(A) The operator of a motor vehicle title
				service company must complete a form provided by the County Tax
				Assessor-Collector. The operator of the title service company will provide the
				company name, as well as the name of all individuals who have an ownership
				interest in the applying motor vehicle title service company. The motor vehicle
				title service company shall assume the responsibility for the accuracy and
				validity of all documents presented to the County Tax Assessor-Collector under
				its name.
(B) A "motor vehicle
				title service runner" is a registered agent of a registered motor vehicle title
				service company. The motor vehicle title service runner has the authority to
				present motor vehicle title documents to the County Tax Assessor-Collector's
				office for processing. Runners must be authorized by a motor vehicle title
				service company. Runners may represent more than one motor vehicle title
				service company.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter A - ORGANIZATION AND RESPONSIBILITIES › Section 206.1 - Delegation

Current through Reg. 49, No. 28; July 12, 2024
The Board of the Texas Department of Motor Vehicles (board)
					 may, consistent with applicable law, delegate any agency function to the
					 executive director. The executive director may, consistent with applicable law,
					 delegate duties or responsibilities pursuant to Transportation Code, §
										1001.0411.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter A - ORGANIZATION AND RESPONSIBILITIES › Section 206.2 - Texas Department of Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Executive director.
(1) To assist in
				  discharging the duties and responsibilities of the executive director, the
				  executive director may organize, appoint, and retain administrative
				  staff.
(2) The executive director
				  shall:
(A) serve the board in an advisory
				  capacity, without vote;
(B) submit
				  to the board quarterly, annually, and biennially, detailed reports of the
				  progress of the divisions and a detailed statement of expenditures;
(C) hire, promote, assign, reassign,
				  transfer, and, consistent with applicable law and policy, terminate staff
				  necessary to accomplish the roles and missions of the department;
(D) hire and oversee a general counsel to
				  advise the department; and
(E)
				  perform other responsibilities as required by law or assigned by the
				  board.
(3) The executive
				  director may, consistent with applicable law, delegate one or more of the
				  functions listed under paragraph (2) of this subsection to the staff of the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter B - PUBLIC MEETINGS AND HEARINGS › Section 206.22 - Public Access to Board Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Posted
				  agenda items. A person may speak before the board on any matter on a posted
				  agenda by submitting a request, in a form and manner as prescribed by the
				  department, prior to the matter being taken up by the board. A person speaking
				  before the board on an agenda item will be allowed an opportunity to speak:
(1) prior to a motion by the board on the
				  item; and
(2) for a maximum of
				  three minutes, except as provided in subsections (d)(6) and (e) of this
				  section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter B - PUBLIC MEETINGS AND HEARINGS › Section 206.23 - Public Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  hold public hearings:
(1) to consider the
				  adoption of rules;
(2) in
				  accordance with the programs operated by the department; and
(3) to provide, when deemed appropriate by
				  the board or when otherwise required by law, for public input regarding any
				  other issue under the jurisdiction of the board.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter C - PROCEDURE FOR PETITION TO ADOPT RULES › Section 206.41 - Petition

Current through Reg. 49, No. 28; July 12, 2024
Any interested person may petition the department
					 requesting the adoption of a rule. The petition must be in writing to the
					 executive director and contain the person's physical address in Texas, a clear
					 and concise statement of the substance of the requested rule, and a brief
					 explanation of the purpose of the requested rule. Within 60 days after receipt,
					 the department will either deny the petition in writing, stating its reasons
					 therefore, or will initiate rulemaking proceedings in accordance with
					 Government Code, Chapter 2001, Subchapter B
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.92 - 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) Advisory
				  committee--Any committee created by the board to make recommendations to the
				  board or to the executive director pursuant to Transportation Code, §
										1001.031 and
				  §
										643.155.
(2) Board--The board of the Texas Department
				  of Motor Vehicles.
(3)
				  Department--The Texas Department of Motor Vehicles.
(4) Executive director--The chief executive
				  officer of the Texas Department of Motor Vehicles.
(5) Member--An appointed member of an
				  advisory committee created under this subchapter.
(6) Presiding officer--The presiding officer
				  of an advisory committee elected by the membership of the advisory committee
				  created under this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 206 - MANAGEMENT › Subchapter D - PROCEDURES IN CONTESTED CASES › Section 206.94 - Motor Vehicle Industry Regulation Advisory Committee (MVIRAC)

Current through Reg. 49, No. 28; July 12, 2024
(a) The MVIRAC is
				  created to make recommendations, as requested by the department and board, on
				  topics related to regulation of the motor vehicle industry.
(b) The MVIRAC shall comply with the
				  requirements of §
										206.93 of this title (relating to
				  Advisory Committee Operations and Procedures).
(c) The MVIRAC shall expire on July 7,
				  2027.