reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 371 - INACTIVE AND RETIRED STATUS › Section 371.2 - Retired Status

Current through Reg. 49, No. 28; July 12, 2024
(a) The Retired Status
				is available for an occupational therapy practitioner whose only practice is
				the provision of voluntary charity care without monetary compensation.
(1) "Voluntary charity care" means
				occupational therapy services provided as a volunteer with no
				compensation.
(2) "Compensation"
				means direct or indirect payment of anything of monetary value.
(3) The designation used by the retired
				status licensee is Occupational Therapist Registered, Retired (OTR, Ret) or
				Occupational Therapist, Retired (OT, Ret), or Certified Occupational Therapy
				Assistant, Retired (COTA, Ret) or Occupational Therapy Assistant, Retired (OTA,
				Ret).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 372 - PROVISION OF SERVICES › Section 372.1 - Provision of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Medical
				Conditions.
(1) Occupational therapists may
				evaluate the client to determine the need for occupational therapy services
				without a referral. However, a referral must be requested at any time during
				the evaluation process when necessary to ensure the safety and welfare of the
				client.
(2) Intervention for a
				medical condition by an occupational therapy practitioner requires a referral
				from a licensed referral source.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 372 - PROVISION OF SERVICES › Section 372.2 - General Purpose Occupation-Based Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) Occupational therapy practitioners may
				develop or facilitate general purpose, occupation-based groups or classes
				including but not limited to handwriting groups, parent-child education
				classes, wellness-focused activities for facility residents, aquatics exercise
				groups, and cooking for diabetics classes.
(b) These services do not require
				individualized evaluation and plan of care services but practitioners may
				develop goals or curriculums for the group as a whole. If a participant
				requires individualized occupational therapy services, these may only be
				provided in accordance with §
									372.1 of
				this title (relating to Provision of Services).
(c) When general purpose occupation-based
				instruction is being provided pursuant to §372.2, the OT must approve the
				curricular goals/program prior to the OTA's initiating instruction.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 373 - SUPERVISION › Section 373.1 - Supervision of Non-Licensed Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Occupational Therapists are fully responsible for the planning and delivery of
				occupational therapy services. They may use non-licensed personnel to extend
				their services; however, the non-licensed personnel must be under the
				supervision of an occupational therapy practitioner.
(b) Supervision in this section for
				occupational therapy aides as defined by the Occupational Therapy Practice Act
				§454.002 (relating to Definitions) is on-site contact whereby the
				supervising occupational therapy practitioner is able to respond immediately to
				the needs of the client.
(c)
				Supervision of other non-licensed personnel either on-site or via telehealth
				requires that the occupational therapy practitioner maintain line of sight of
				the services provided.
(d) When
				occupational therapy practitioners delegate occupational therapy tasks to
				non-licensed personnel, the occupational therapy practitioners are responsible
				for ensuring that this person is adequately trained in the tasks
				delegated.
(e) The occupational
				therapy practitioners providing the intervention must interact with the client
				regarding the client's condition, progress, and/or achievement of goals during
				each intervention session.
(f)
				Delegation of tasks to non-licensed personnel includes, but is not limited to:
(1) assisting in the construction of
				adaptive/assistive equipment and splints. The licensee must be attending for
				any initial applications to the client. When telehealth may be used for the
				supervision of non-licensed personnel as described in this section, the
				licensee may attend via telehealth, provided the licensee maintains line of
				sight of the services provided;
(2)
				carrying out a predetermined segment or task in the client's care for which the
				client has demonstrated some previous performance ability in executing the
				task.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 373 - SUPERVISION › Section 373.2 - Supervision of a Temporary Licensee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Requirements for all temporary licensees:
(1)
				A temporary licensee works under the supervision of a licensed occupational
				therapist who holds a regular license and whose name, license number, and
				employer information are on file on the Board's Supervision of a Temporary
				Licensee form. For each supervising occupational therapist and/or employer, the
				temporary licensee must submit the Supervision of a Temporary Licensee form. In
				this section, a supervising occupational therapist is any occupational
				therapist whether working full time, part time, or PRN (i.e., working on an
				as-needed basis), who delegates to the temporary licensee.
(2) All documentation completed by an
				individual holding a temporary license which becomes part of the client's
				permanent file must be approved and co-signed by one of the supervising
				occupational therapist(s).
(3)
				Temporary licensees may not supervise anyone.
(4) A temporary licensee does not become a
				regular licensee with those privileges until the regular license can be
				verified as being current and its expiration date is displayed on the Board's
				license verification page.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 374 - DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS › Section 374.1 - Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) The board, in
				accordance with the Administrative Procedure Act, may deny, revoke, suspend, or
				refuse to renew or issue a license, or may reprimand or impose probationary
				conditions, if the licensee or applicant for licensure has been found in
				violation of the rules or the Act. The board will adhere to procedures for such
				action as stated in the Act, §§454.301, 454.302, 454.303, and
				454.304.
(b) The board recognizes
				four levels of disciplinary action for its licensees.
(1) Level I: Order and/or Letter of Reprimand
				or Other Appropriate Disciplinary Action (including but not limited to
				community service hours).
(2) Level
				II: Probation--The licensee may continue to practice while on probation. The
				board orders the probationary status which may include but is not limited to
				restrictions on practice and continued monitoring by the board during the
				specified time period.
(3) Level
				III: Suspension--A specified period of time that the licensee may not practice
				as an occupational therapist or occupational therapy assistant. Upon the
				successful completion of the suspension period, the license will be reinstated
				upon the licensee successfully meeting all requirements.
(4) Level IV: Revocation--A determination
				that the licensee may not practice as an occupational therapist or occupational
				therapy assistant. Upon passage of 180 days, from the date the revocation order
				becomes final, the former licensee may petition the board for re-issuance of a
				license. The former licensee may be required to re-take the
				Examination.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 374 - DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS › Section 374.4 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Board of Occupational Therapy Examiners' Code of Ethics is a public statement
				of the principles and related standards of conduct used in promoting and
				maintaining high standards of behavior in occupational therapy within the state
				of Texas. The Code of Ethics is a set of principles and standards that applies
				to occupational therapy practitioners. ("Practitioners" in this section are
				defined as those individuals licensed by this Board or applicants for licensure
				with this Board.)
(b) Principles
				and Related Standards of Conduct:
Attached
				  Graphic
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 374 - DISCIPLINARY ACTIONS/DETRIMENTAL PRACTICE/COMPLAINT PROCESS/CODE OF ETHICS/LICENSURE OF PERSONS WITH CRIMINAL CONVICTIONS › Section 374.5 - Licensure of Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may revoke or suspend an
				existing valid license or disqualify a person from receiving or renewing a
				license because of a person's conviction of a felony or misdemeanor if the
				crime directly relates to the practice of occupational therapy. Those crimes
				that the Board considers to be directly related to the duties and
				responsibilities of an occupational therapist or an occupational therapy
				assistant shall include, but are not limited to:
(1) any felony that involves an act of fraud,
				dishonesty, or deceit;
(2) any
				criminal violation of the Occupational Therapy Practice Act or other statutes
				regulating or pertaining to occupational therapy or the medical profession;
(3) any crime involving moral
				turpitude ("moral turpitude" in this section refers to baseness, vileness, or
				dishonesty of a high degree);
(4)
				murder;
(5) assault;
(6) burglary;
(7) robbery;
(8) theft;
(9) rape or sexual abuse;
(10) patient/client abuse;
(11) injury to a child, elderly individual,
				or an individual with a disability;
(12) child molestation, abuse, endangerment,
				or neglect;
(13) felony conviction
				for driving while intoxicated, driving under the influence of alcohol or drugs,
				or driving while ability is impaired;
(14) sale, distribution, or illegal
				possession of narcotics, controlled substances, or dangerous drugs;
(15) tampering with a governmental record;
(16) offenses that include
				attempting or conspiring to commit any of the offenses in this subsection.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 12 - TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS › Chapter 375 - FEES › Section 375.1 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees are prescribed by the Executive
				Council and may be subject to change by legislative mandate, refer to 22 TAC
				§
									651.1
				and §
									651.3
				of the Executive Council Rules. The fees are required to be paid before a
				license or a renewal is issued. The application fee will be submitted with the
				application and is non-refundable.
(b) A cashier's check, certified check, or
				money order must accompany all future payments to the board after an
				insufficient funds check has been processed by the board.
(c) An applicant for a license shall pay the
				application fee plus the appropriate license fee.
(d) The board will not refund any application
				fee or license fee to an applicant who is denied a license. Applicants
				requesting that the board cease the license application process shall forfeit
				all fees paid. Such requests must be received by the board in
				writing.
(e) There shall be no
				refunds issued to individuals who have had their licenses suspended or
				revoked.
(f) Licensees who have had
				their licenses suspended for failure to pay child support shall pay all
				applicable fees before licenses will be reissued.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 450 - VETERANS COUNTY SERVICE OFFICERS CERTIFICATE OF TRAINING › Section 450.1 - 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)
				Accreditation--Recognition by the United States Department of Veterans Affairs
				(VA) of representatives, attorneys, and agents to represent
				claimants.
(2) Certificate of
				training--Certificate or transcript provided pursuant to Tex. Gov't Code §
									434.038 to officers
				who complete all initial training requirements or who earn a minimum number of
				credit hours each fiscal year for completing training provided by the
				commission or completing other commission approved training.
(3) Commission--The Texas Veterans
				Commission.
(4) Credit hour--Unit
				of measuring credit earned for attending classroom or virtual training courses
				provided by the commission or other commission approved training.
(5) Initial training--Introductory training
				provided to newly appointed officers.
(6) Officer--Veterans county service officer
				or assistant veterans county service officer appointed by a county
				commissioners court.
(7) Third
				party training--Any commission approved training or course of instruction
				provided by public or private entities.
(8) Training event--Training or testing
				conducted by the commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 450 - VETERANS COUNTY SERVICE OFFICERS CERTIFICATE OF TRAINING › Section 450.5 - Documentation of Attendance

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				anniversary date, the commission shall provide a certificate of training the
				following October to officers who earned a minimum number of credit hours
				during the preceding fiscal year.
(b) The commission shall inform each county
				commissioners court of its officer(s)' compliance with Texas Government Code
				§
									434.038.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 451 - VETERANS COUNTY SERVICE OFFICERS ACCREDITATION › Section 451.1 - 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)
				Accreditation--Recognition by the United States Department of Veterans Affairs
				(VA) of representatives, attorneys, and agents to represent
				claimants.
(2) Accredited
				representative of the Texas Veterans Commission--A representative of the Texas
				Veterans Commission approved by the secretary for the preparation,
				presentation, and prosecution of claims under laws administered by the
				secretary.
(3) Certificate of
				training--Documentation that an officer has met the requirements of §
									450.3 of this title (relating to
				General Provisions).
(4)
				Commission--The Texas Veterans Commission which is a "Recognized Veterans
				Service Organization" by the United States Department of Veterans
				Affairs.
(5) Credit hour--Unit of
				measuring credit earned for attending a classroom or virtual training courses
				provided by the commission or other commission approved training.
(6) Initial training--Introductory training
				completed by newly appointed officers as defined in Chapter 450 of this title
				(relating to Certificate of Training).
(7) Officer--Veterans County Service Officer
				or assistant veterans county service officer appointed by a county
				commissioners court.
(8) Recognized
				Veterans Service Organization--An organization accredited by the United States
				Department of Veterans Affairs to represent claimants.
(9) Recommendation-- the procedure by which
				the commission indicates to the secretary that it desires an officer to become
				an accredited representative of the Texas Veterans Commission and certifies
				that the officer meets the requirements of
				38 C.F.R. §
										14.629(a).
(10) Representative--Person who has been
				recommended by a Recognized Veterans Service Organization and accredited by the
				United States Department of Veterans Affairs.
(11) Secretary--The secretary of the United
				States Department of Veterans Affairs.
(12) Training event -- Training or testing
				conducted by the commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 451 - VETERANS COUNTY SERVICE OFFICERS ACCREDITATION › Section 451.3 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				shall provide all officers information concerning accreditation when the
				commission receives information is received indicating notice that an officer
				has been appointed by a county commissioners court.
(b) Officers must meet the following minimum
				standards as set forth in 38 Code of Federal Regulations §14.629 for
				recommendation:
(1) is a paid employee of the
				county working for it not less than 1,000 hours annually;
(2) has successfully completed a course of
				training and an examination which have been approved by the appropriate VA
				district counsel within the state; and
(3) will receive annual training to ensure
				continued qualification as a representative in the claims' process.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 452 - ADMINISTRATION GENERAL PROVISIONS › Section 452.1 - Charges for Copies of Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				charge to any person requesting copies of any public record of the Texas
				Veterans Commission will be calculated according to the charges established by
				the Office of the Attorney General.
(b) Copies of public records shall be
				furnished without charge or at a reduced charge if the executive director
				determines that waiver or reduction of the fee is in the public interest
				because furnishing the information can be considered as primarily benefiting
				the general public.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 452 - ADMINISTRATION GENERAL PROVISIONS › Section 452.3 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission's policy is to encourage the use of negotiated rulemaking for the
				adoption of commission rules in appropriate situations.
(b) The commission's general counsel or
				designee shall be the commission's negotiated rulemaking coordinator (NRC). The
				NRC shall perform the following functions, as required:
(1) coordinate the implementation of the
				policy set out in subsection (a) of this section, and in accordance with the
				Negotiated Rulemaking Act, Chapter 2008, Texas Government Code;
(2) serve as a resource for any staff
				training or education needed to implement negotiated rulemaking procedures;
				and
(3) collect data to evaluate
				the effectiveness of negotiated rulemaking procedures implemented by the
				commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 452 - ADMINISTRATION GENERAL PROVISIONS › Section 452.4 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission's
				policy is to encourage the resolution and early settlement of internal and
				external disputes, through voluntary settlement processes, which may include
				any procedure or combination of procedures described by Chapter 154, Civil
				Practice and Remedies Code. Any ADR procedure used to resolve disputes before
				the commission shall comply with the requirements of Chapter 2009, Texas
				Government Code, and the Administrative Procedure Act, Chapter 2001, Texas
				Government Code.
(b) The
				commission's Director of Resource Management or designee shall be the
				commission's dispute resolution coordinator (DRC). The DRC shall perform the
				following functions, as required:
(1)
				coordinate the implementation of the policy set out in subsection (a) of this
				section;
(2) serve as a resource
				for any staff training or education needed to implement the ADR procedures;
				and
(3) collect data to evaluate
				the effectiveness of ADR procedures implemented by the commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 452 - ADMINISTRATION GENERAL PROVISIONS › Section 452.5 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				interested person or organization may petition the commission requesting the
				adoption or amendment of a rule.
(b) For the purpose of interpreting this
				section, the term "rule" shall have the same meaning as contained in Texas
				Government Code, §
									2001.003.
(c) Petitions for adoption of rules must be
				submitted in writing and directed to the commission's executive
				director.
(d) The petitioner may
				either hand deliver the petition to the commission's central office at 1700
				North Congress Avenue, Suite 800, Austin, Texas 78701, or mail the petition to
				P.O. Box 12277, Austin, Texas 78711-2277.
(e) For purposes of calculating days under
				this section, the date of submission of a petition under this section shall be
				the date the petition is hand delivered to the commission, or if the petition
				was sent by mail or carrier, the date it is date-stamped according to regular
				agency incoming mail procedures.
(f) The petition must include the following
				minimum requirements:
(1) specify or
				otherwise make clear that the petition is made pursuant to the provisions of
				the Administrative Procedure Act;
(2) clearly state the body or substance of
				the rule requested for adoption, and, if appropriate, relate the requested rule
				to an adopted rule or rules of the commission;
(3) contain the full name and address of the
				petitioner; and
(4) be signed by
				the petitioner.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 452 - ADMINISTRATION GENERAL PROVISIONS › Section 452.6 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission shall include "public comment" as a topic on the agenda for each
				regularly scheduled commission meeting.
(b) A person wishing to address the
				commission about any subject under the commission's jurisdiction shall fill out
				a Public Comment form prior to the start of the meeting and submit the form to
				the chair.
(c) The chair will
				recognize those requests to address the commission during the "public comment"
				portion of a meeting.
(d) A person
				may address the commission regarding any issue related to the jurisdiction of
				the commission. The chair or executive director may impose a time limit for
				those wishing to address or make a presentation to the commission. The allotted
				period for a person addressing the commission may only be extended by
				commission vote and may not be extended by another person delegating, ceding,
				passing or otherwise granting allotted comment time in lieu of addressing the
				commission.
(e) The commission may
				not comment or make a decision about a subject not listed on the agenda except
				to reply with:
(1) a statement of specific
				factual information in response to the inquiry;
(2) a recitation of existing policy in
				response to the inquiry; or
(3) a
				proposal to place the subject on the agenda for a subsequent commission
				meeting.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 452 - ADMINISTRATION GENERAL PROVISIONS › Section 452.7 - Commission Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission is
				composed of five members appointed by the governor, with advice and consent of
				the senate. The commission adopts rules for the agency, and employs and directs
				the executive director. The commissioners retain and exercise all authority and
				responsibility assigned to them by law that has not been delegated to the
				executive director.
(b) The
				executive director manages the day-to-day business of the commission, employs
				staff, and carries out other duties and responsibilities assigned by law or
				delegated by the commission.
(c) A
				delegation of authority to the executive director must be made by the
				commission in an open meeting. The commission may review, modify, or ratify a
				delegation at any open meeting. A change in membership of the commission does
				not void an existing delegation of authority; it remains in effect until
				another one is approved by a majority vote of the commission at an open
				meeting.
(d) All decisions of the
				commission shall be by majority vote of a quorum of commissioners present and
				voting.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 452 - ADMINISTRATION GENERAL PROVISIONS › Section 452.8 - Employee Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				With the approval of the executive director, the commission may make available
				to its administrators and employees funds for training that improves the
				performance of the employee's current or prospective duty assignment in
				accordance with the State Employees Training Act, Government Code, Chapter 656,
				Subchapter C.
(b) In order to be
				eligible for Agency supported training, the administrator or employee must
				demonstrate to the satisfaction of the executive director that the training is
				related to the duties or prospective duties of the administrator or
				employee.
(c) Eligible training
				expenses that are approved by the executive director may include, as
				appropriate, salary, fees, travel and living expenses, and/or training
				materials for the following:
(1) in-service
				training and education; and/or
(2)
				out-of-agency staff development.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 453 - HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM › Section 453.1 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Government Code §
									2161.003, the
				  commission adopts by reference the rules promulgated by the Comptroller of
				  Public Accounts as set forth in 34 TAC Part 1, Chapter 20, Subchapter B,
				  regarding the Historically Underutilized Business Program. The Comptroller of
				  Public Accounts rules are located at the Office of the Secretary of State's
				  website:
www.sos.state.tx.us/tac/index.shtml
.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 455 - TAPS PROGRAM › Section 455.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish the standard for
				  the distribution of tuition vouchers for the sounding of "Taps" using a bugle,
				  trumpet, or cornet at military honors funerals.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 455 - TAPS PROGRAM › Section 455.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
The application applies to all students who sound "Taps"
				  using the bugle, trumpet, or cornet during military honors funerals held in
				  this state for deceased veterans and who wish to submit vouchers to offset
				  tuition or other required fees at institutions of higher education, as defined
				  by §
									61.003, Texas
				  Education Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 455 - TAPS PROGRAM › Section 455.3 - 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) Student--An individual
				enrolled in grades 6 through 12 or at a postsecondary educational institution
				as defined by §
									61.003, Texas
				Education Code, located in the State of Texas.
(2) Veteran--A person who has been a member
				of the Army, Navy, Air Force, Marines, or Coast Guard of the United States and
				who has, in some manner, been released from active duty therein and is entitled
				to military funeral honors.
(3)
				Participant--A student who sounds "Taps" at a military honors funeral in order
				to be awarded a voucher for an exemption from tuition and required fees at an
				institution of higher education as defined by §
									61.003, Texas
				Education Code, located in Texas for their services.
(4) Commission--Texas Veterans
				Commission.
(5) Voucher--A numbered
				form prepared by the Commission in the amount of $25.00 to be exchanged for an
				exemption from the payment of tuition and required fees at an institution of
				higher education as defined by §
									61.003, Texas
				Education Code, located in the State of Texas.
(6) Funeral Director--An individual licensed
				by the Texas Funeral Service Commission responsible for directing the funeral
				service of a deceased veteran.
(7)
				Taps--A musical tribute sounded on a bugle, trumpet, or cornet at military
				honors funerals held in the State of Texas for deceased veterans.
(8) Institution of Higher Education and
				Private or Independent Institution of Higher Education--As defined by §
									61.003, Texas
				Education Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 455 - TAPS PROGRAM › Section 455.4 - Process

Current through Reg. 49, No. 28; July 12, 2024
(a) To receive a voucher through the Texas
				Veterans Commission, a student must:
(1) have
				sounded "Taps" at a military honors funeral of a deceased veteran;
(2) provide proof that "Taps" was sounded by
				such student by completing and submitting Form TVCTAPS to the commission. This
				form may be obtained from the funeral director, or designee, responsible for
				directing the veteran's funeral service;
(3) for each veteran funeral at which a
				student sounds "Taps," and for which the student has completed and submitted
				Form TVCTAPS to the commission, the commission shall award one (1) voucher in
				the amount of $25.00 to be used as an exemption from tuition and required fees
				at an institution of higher education as defined by §
										61.003, Texas
				Education Code. This voucher will not have an expiration date;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 455 - TAPS PROGRAM › Section 455.5 - Adoption of Standard Form

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission hereby adopts the standard form, Form TVCTAPS, identified below
				under subsection (b) of this section to certify the sounding of
				"Taps."
(b) The standard form
				hereby adopted by the commission is the following:
Click to view
				  image
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Purpose. This chapter governs the negotiation and mediation
				  of certain breach of contract claims asserted by contractors against the agency
				  under Chapter 2260 of the Texas Government Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
(1) Agency--The Texas
				Veterans Commission.
(2) Claim--A
				written demand for damages by the contractor that is based upon the agency's
				alleged breach of the contract.
(3)
				Contract--A written contract between the agency and a contractor, under the
				terms of which the contractor agrees to either:
(A) provide goods or services, by sale or
				lease, to or for the agency; or
(B)
				perform a project as defined by Government Code, §
										2166.001.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.3 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures that are contained in this chapter are
				  exclusive and required prerequisites to suit under Civil Practice and Remedies
				  Code, Chapter 107, and Government Code, Chapter 2260.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.5 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				contractor who asserts a claim of breach of contract under Government Code,
				Chapter 2260, must file a notice of the claim as provided under this
				section.
(b) The notice of claim
				shall:
(1) be written and signed by the
				contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				return receipt requested, or other verifiable delivery service, to the agency
				officer who is designated in the contract to receive a notice of claim of
				breach of contract under Government Code, Chapter 2260; if no person is
				designated in the contract, then the notice shall be delivered to the agency's
				chief administrative officer; and
(3) state in detail:
(A) the nature of the alleged breach of
				contract, including the date of the event that the contractor cites as the
				basis of the claim and each contractual provision that the contractor alleges
				has been breached;
(B) a
				description of damages that resulted from the alleged breach, including the
				amount and method that the contractor has used to calculate those damages;
				and
(C) the legal theory for
				recovery, including the causal relationship between the alleged breach and the
				damages that the contractor claims.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.6 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) To assert
				a counterclaim under Government Code, Chapter 2260, the agency shall file a
				notice of the counterclaim as provided under this section.
(b) The notice of counterclaim shall:
(1) be written;
(2) be delivered by hand, certified mail
				return receipt requested, or other verifiable delivery service to the
				contractor or representative of the contractor who signed the notice of claim
				of breach of contract; and
(3)
				state in detail:
(A) the nature of the
				counterclaim; and
(B) a description
				of the damages or offsets that the agency seeks, including the amount and
				method that the agency has used to calculate those damages or offsets;
				and
(C) the legal theory for
				recovery under the counterclaim.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.7 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the timetable
				  set forth in §
									456.8 of
				  this title (relating to Negotiation Timetable) to attempt to resolve all claims
				  and counterclaims. No party is obligated to settle with the other party as a
				  result of the negotiation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.8 - Negotiation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				receipt of a contractor's notice of claim, the agency's chief administrative
				officer or his designee, shall review the contractor's claim and the agency's
				counterclaim, if any, and initiate negotiations with the contractor to attempt
				to resolve the claim and counterclaim.
(b) Subject to subsection (c) of this
				section, the parties shall begin negotiations within a reasonable period of
				time, not to exceed 60 calendar days following the later of:
(1) the date of termination of the
				contract;
(2) the completion date
				in the original contract; or
(3)
				the date the agency receives the contractor's notice of claim.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.9 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				negotiation may be conducted by any method, technique, or procedure authorized
				under the contract or agreed upon by the parties.
(b) To facilitate the meaningful evaluation
				and negotiation of the claim and any counterclaim, the parties may exchange
				relevant documents that support their respective claims, defenses,
				counterclaims or positions.
(c)
				Material submitted pursuant to this section and claimed to be confidential by
				the contractor shall be handled pursuant to the requirements of the Public
				Information Act, Government Code, Chapter 552.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.10 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
				  disclosed prior to, or at the beginning of, negotiations. To the extent
				  possible, the parties shall select negotiators who are knowledgeable about the
				  subject matter of the dispute, who are in a position to reach agreement, and
				  who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.11 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				agreement may resolve an entire claim or any designated and severable portion
				of a claim.
(b) To be enforceable,
				a settlement agreement must be in writing and signed by representatives of the
				contractor and the agency who have authority to bind each respective
				party.
(c) A partial settlement
				does not waive a party's rights under the Government Code, Chapter 2260, as to
				the parts of the claim or counterclaim that are not resolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.12 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
				  responsible for its own costs incurred in connection with a negotiation,
				  including, without limitation, the costs of attorney's fees, consultant's fees,
				  and expert's fees.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.13 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If a claim for breach of contract is not resolved in its entirety on or before
				the 270th day after the agency receives the notice of claim, or after the
				expiration of any extension, the contractor may file a request with the agency
				for a contested case hearing before State Office of Administrative Hearings
				(SOAH).
(b) A request for a
				contested case hearing shall state the legal and factual basis for the claim
				and shall be delivered to the agency's chief administrative officer, his
				designee, or the person designated in the contract to receive notice, within 30
				days after the 270th day or the expiration of any agreed extensions.
(c) The agency shall forward the contractor's
				request for a contested case hearing to SOAH within thirty days after receipt
				of the request.
(d) The parties may
				agree to submit the case to SOAH before the 270th day after the notice of claim
				is received by the agency if they have achieved a partial resolution of the
				claim or if an impasse has been reached in the negotiations and proceeding to a
				contested case hearing would serve the interests of justice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.14 - Mediation of Contract Claims

Current through Reg. 49, No. 28; July 12, 2024
The contractor and the agency may agree to mediate the claim
				  and counterclaim at any time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.15 - Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediator may
				not impose his or her own judgment on the issues for that of the parties. The
				mediator must be acceptable to both parties.
(b) The mediation is subject to the
				provisions of the Governmental Dispute Resolution Act, Government Code, Chapter
				2009.
(c) To facilitate a
				meaningful opportunity for settlement, the parties shall, to the extent
				possible, select representatives who are knowledgeable about the dispute, who
				are in a position to reach agreement, or who can credibly recommend approval of
				an agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.16 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
The costs of the mediator shall be divided equally between
				  the parties. Unless the contractor and the agency agree otherwise, each party
				  shall be responsible for its own costs incurred in connection with the
				  mediation, including costs of document reproduction for documents requested by
				  such party, attorney's fees, and consultant or expert fees.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 456 - CONTRACT NEGOTIATION AND MEDIATION › Section 456.17 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				agreement reached during, or as a result of mediation, that resolves an entire
				claim or any designated and severable portion of a claim shall be in writing
				and signed by representatives of the contractor and the agency who have
				authority to bind each respective party.
(b) If the settlement agreement does not
				resolve all issues raised by the claim and counterclaim, the agreement shall
				identify the issues that are not resolved.
(c) A partial settlement does not waive a
				contractor's rights under the Government Code, Chapter 2260, as to the parts of
				the claim that are not resolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 457 - PROTESTS OF AGENCY PURCHASES › Section 457.1 - Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words
				and terms, when used in this chapter, shall have the following meaning unless
				the context clearly indicates otherwise.
(1)
				Agency--The Texas Veterans Commission.
(2) Commissioners--Commissioners of the Texas
				Veterans Commission.
(3) Interested
				parties--All vendors who have submitted bids or proposals for the provision of
				goods or services pursuant to a contract with the agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 460 - FUND FOR VETERANS' ASSISTANCE › Subchapter A - GENERAL PROVISIONS REGARDING THE FUND FOR VETERANS' ASSISTANCE PROGRAM › Section 460.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Texas Veterans Commission is authorized to use funds
					 appropriated to the Fund for Veterans' Assistance to administer the fund and
					 make reimbursement grants to address the needs of both veterans and their
					 families.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 460 - FUND FOR VETERANS' ASSISTANCE › Subchapter A - GENERAL PROVISIONS REGARDING THE FUND FOR VETERANS' ASSISTANCE PROGRAM › Section 460.2 - 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) Advisory Committee--The
				  committee formed under §
										452.2(c) of this
				  title (relating to Fund for Veterans' Assistance Advisory Committee).
(2) Agency--The Texas Veterans
				  Commission.
(3) Commission--The
				  members of the Texas Veterans Commission.
(4) Disallowed Cost--A questioned cost that
				  the Agency has determined, violates the conditions of the Grant Agreement, or
				  other law, regulation, or other document governing the expenditures of
				  funds.
(5) Grantee--An organization
				  that receives a grant award under this chapter.
(6) Performance Measures --The benchmarks the
				  Texas Veterans Commission establishes and must be met within the grant period.
				  These approved benchmarks will be included in the Fund for Veterans Assistance
				  Request for Application.
(7)
				  Questioned Cost--A cost that has been identified to be:
(A) an alleged violation of a provision of
				  the Grant Agreement, law, regulation, or other agreement or document governing
				  the expenditure of funds;
(B) a
				  cost that is not supported by adequate documentation; or
(C) a cost that is unnecessary or
				  unreasonable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 15 - TEXAS VETERANS COMMISSION › Chapter 460 - FUND FOR VETERANS' ASSISTANCE › Subchapter A - GENERAL PROVISIONS REGARDING THE FUND FOR VETERANS' ASSISTANCE PROGRAM › Section 460.3 - Applicant Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Any of the
				  following are eligible to apply for grant funds:
(1) Units of local government;
(2) IRS Code §501(c)(19) Posts or
				  Organizations of Past or Present Members of the Armed Forces;
(3) IRS Code §501(c)(3) nonprofit
				  organizations authorized to do business in Texas; or
(4) Texas chapters of IRS Code
				  §501(c)(4) veterans service organizations.