reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 4 - TEXAS MILITARY PREPAREDNESS COMMISSION › Subchapter B - DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT PROGRAM › Section 4.40 - Reporting Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Reimbursement of funds will be made in accordance with the terms of the
				  contract.
(b) After completion of
				  the project, the awardee will provide the following milestones and updates as
				  required by the contract.
(c)
				  Throughout the project period, the awardee must provide copies of all reports
				  required by federal agencies pursuant to the terms of individual federal grants
				  received, within 30 days of their submission to the granting
				  agencies.
(d) The awardee must
				  provide all reports to the Commission as required by the terms of the grant
				  contract, including, but not limited to, reports on any performance measures,
				  milestone reports, and project completion reports.
(e) Failure to submit reports in a timely and
				  satisfactory manner may result in the withholding of funds due or requested by
				  the awardee. Failure to document post-completion requirements may result in the
				  return of funds to the Commission as set forth in the contract.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 1 - ADOPTION OF FEDERAL LAWS › Section 5.1 - Public Works and Economic Development Act

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The governor's Office of Budget and Planning adopts by reference Public Law
					 89-136,
					 RSA
					 3121 et seq., as amended, styled the Public
					 Works and Economic Development Act of 1965, as amended, hereinafter referred to
					 as "the Act," including all federal rules and regulations.
(b) The Act sets forth specific requirements
					 concerning the Federal Economic Development Program provides for grants for
					 public works and development facilities, for other financial assistance, and
					 for the planning and coordination needed to alleviate conditions of substantial
					 and persistent unemployment and underemployment in economically distressed
					 areas and regions.
(c) Copies of
					 the Act may be obtained at the Office of the Secretary of State,
					 Austin.
(d) A copy of the text of
					 the Act is attached hereto and filed as adopted by governor's Office of Budget
					 and Planning with the Office of the Secretary of State, Austin.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 1 - ADOPTION OF FEDERAL LAWS › Section 5.6 - Areawide Waste Treatment Management

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 governor's Office of Budget and Planning adopts by reference Public Law 92-500,
					 and Public Law 95-217,
					 RSA
					 1288, styled Federal Water Pollution Control
					 Act of 1972, hereinafter referred to as "the Act," including all federal rules
					 and regulations currently effective and relating thereto.
(b) The Act sets forth specific requirements
					 concerning federal areawide waste treatment management planning agencies and
					 state agencies.
(c) Copies of the
					 Act may be obtained at the Office of the Secretary of State, Austin.
(d) A copy of the text of the Act is attached
					 hereto and filed as adopted by governor's Office of Budget and Planning with
					 the Office of the Secretary of State, Austin.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 2 - METROPOLITAN PLANNING ORGANIZATIONS › Section 5.51 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
To provide guidelines for the governor in designating
						metropolitan planning organizations (MPO) pursuant to the Department of
						Transportation operating agency administrators' letter dated November 12, 1973.
						The guidelines should allow for:
(1)
					 maximum local government participation both in the designation process and in
					 transportation planning;
(2) the
					 use of areawide planning agencies which are responsible for conducting
					 comprehensive planning; and
(3)
					 minimum duplication of effort through the utilization of existing planning
					 efforts and capabilities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 2 - METROPOLITAN PLANNING ORGANIZATIONS › Section 5.52 - Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The authority
					 for this designation procedure rests in the Federal-Aid Highway Act of 1973,
					 section 112. Section 112 states in part that: "funds apportioned to any State .
					 . . . be made available by the State to the metropolitan planning organizations
					 designated by the State as being responsible for carrying out the provisions of
					 Section 134. . . ."
(b) Section 134
					 of Chapter 1 of Title 23, United States Code, required each state to establish
					 and maintain in its urban areas a continuing comprehensive transportation
					 planning process carried on cooperatively by states and local communities.
					 Section 134 was added to Title 23 by the Federal-Aid Highway Act of 1962 and
					 has been a requirement for receipt of Federal Highway Funds since
					 1966.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 2 - METROPOLITAN PLANNING ORGANIZATIONS › Section 5.53 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words will apply to the designation
						process.
(1) Signatory members--Local
					 units of government which are signatory members to the urban transportation
					 planning agreements established by the Texas Highway Department pursuant to
					 section 134 of Chapter 1 of Title 23, United States Code.
(2) Steering committee--A committee composed
					 principally of elected officials, formed in accordance with the urban
					 transportation planning agreements established by the Texas Highway Department
					 pursuant to section 134 of Chapter 1 of Title 23, United States Code. The
					 committee provides routine guidance to the planning process and coordination
					 between transportation modes.
(3)
					 Regional council of governments--A voluntary association of local governments
					 established under State enabling legislation to make studies and plans to guide
					 the unified, far-reaching development of an area.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 2 - METROPOLITAN PLANNING ORGANIZATIONS › Section 5.54 - Conditions for Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) The regional
					 council of governments in each state planning region will be designated as the
					 single metropolitan planning organization subject to the following conditions.
(1) All signatory members must concur with
					 the governor's designation.
(2) The
					 regional council of governments agree that the steering committee will approve
					 the use of section 112 funds. The 1973 Federal-Aid Highway Act, §112,
					 authorizes additional funds for the purpose of carrying out the provisions of
					 the United States Code, Title 23, Chapter 1, §134. Therefore, first
					 consideration for the distribution of section 112 funds should be given to
					 existing planning efforts being conducted by cities, counties, and regional
					 councils of government who are assigned responsibility for basic elements of
					 the urban transportation study agreements established by the Texas Highway
					 Department pursuant to the United States Code, Title 23, Chapter 1,
					 §134.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 2 - METROPOLITAN PLANNING ORGANIZATIONS › Section 5.55 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Division of
					 Planning Coordination (DPC) will notify the chairmen of the regional councils
					 of governments of their designation as an MPO subject to the conditions as set
					 forth in section IV. The regional councils will have until May 15, 1974, to
					 accept or reject the MPO designation. Acceptance of the designation will be
					 accomplished when the regional councils of governments transmit the following
					 to the governor's Office of Budget and Planning:
(1) a resolution from the governing body of
					 the regional council accepting the designation;
(2) a resolution or other formal document
					 concurring with the MPO designation from all signatory members.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 2 - METROPOLITAN PLANNING ORGANIZATIONS › Section 5.56 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The governor's
					 Office of Budget and Planning will represent the governor and provide overall
					 coordination in the designation process pursuant to the Federal-Aid Highway Act
					 of 1973, §112.
(b) The
					 governor's Office of Budget and Planning will prepare the notification for
					 designation offers, develop designation agreements, ensure close coordination
					 between all affected and interested parties to the MPO designation, and monitor
					 the MPO's transportation planning.
(c) Every effort will be made to gain
					 approval of the secretary of the Department of Transportation for excluding the
					 MPO and their local governments from the matching requirements for section 112
					 funds if the requirement will cause them to decline the designation.
(d) This agreement shall in no way establish
					 any activity or process that would infringe upon or interfere with the
					 statutory obligation of the Texas Highway Department.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter A - FEDERAL AND INTERGOVERNMENTAL COORDINATION › Division 2 - METROPOLITAN PLANNING ORGANIZATIONS › Section 5.57 - Recision of the MPO Designation

Current through Reg. 49, No. 28; July 12, 2024
The governor retains the right to designate or
						redesignate the MPO at any time if, in the governor's opinion, it is necessary
						to do so. The governor's decision to rescind an MPO's designation shall be
						administratively final. The governor's Office of Budget and Planning will
						notify all affected parties that the agreement for MPO designation is
						void.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter B - ADMINISTRATIVE POLICIES › Section 5.101 - Identification and Escalation of Procurement Contracts that Require Enhanced Contract or Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Office of the Governor (OOG) shall complete a risk assessment for contracts
				  with a private vendor for goods or services with a value greater than $100,000
				  to evaluate whether the OOG must exercise enhanced contract or performance
				  monitoring on such contracts. For contracts with a private vendor for goods or
				  services with a value of $100,000 or less, the OOG may complete a risk
				  assessment to evaluate whether enhanced contract or performance monitoring is
				  necessary for such contracts.
(b)
				  The risk assessment may consider the following factors:
(1) total cost of the contract, including
				  contract renewals;
(2) risk of loss
				  to the OOG under the contract;
(3)
				  risk of fraud, waste or abuse;
(4)
				  scope of the goods or services provided;
(5) availability of OOG resources;
(6) complexity of the contract;
(7) business process impact of failure or
				  delay;
(8) vendor past performance;
				  and
(9) whether the vendor is a
				  foreign or domestic person or entity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.201 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The rule review
				  process established in Subchapter C, Chapter 57 of the Texas Occupations Code,
				  and implemented by this subchapter, applies only to the following state
				  agencies:
(1) the Texas State Board of Public
				  Accountancy;
(2) the Texas State
				  Board of Acupuncture Examiners;
(3) the Texas Appraiser Licensing and
				  Certification Board;
(4) the Texas
				  Board of Architectural Examiners;
(5) the Texas Behavioral Heath Executive
				  Council;
(6) the Texas Board of
				  Chiropractic Examiners;
(7) the
				  State Board of Dental Examiners;
(8) the Texas Board of Professional Engineers
				  and Land Surveyors;
(9) the
				  Finance Commission of Texas;
(10)
				  the Texas Commission on Fire Protection;
(11) the Texas Funeral Service Commission;
(12) the Texas Board of
				  Professional Geoscientists;
(13)
				  the Texas Commission on Law Enforcement;
(14) the Texas Medical Board;
(15) the Texas Board of Medical Radiologic
				  Technology;
(16) the Texas
				  Department of Motor Vehicles;
(17)
				  the Texas Board of Nursing;
(18)
				  the Texas Board of Occupational Therapy Examiners;
(19) the Texas Optometry Board;
(20) the Texas State Board of Pharmacy;
(21) the Texas Board of Physical
				  Therapy Examiners;
(22) the Texas
				  Physician Assistant Board;
(23)
				  the Texas State Board of Plumbing Examiners;
(24) the Texas Real Estate Commission;
(25) the Texas Board of
				  Respiratory Care;
(26) the Council
				  on Sex Offender Treatment; and
(27) the State Board of Veterinary Medical
				  Examiners.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this subchapter:
(1) "Administrative records regarding a
				  proposed rule" means any nonprivileged and nonconfidential documents,
				  communications, or other information created, received, or consulted by a state
				  agency that are material to the development of the proposed rule. The term
				  includes all information and comments that the state agency received from the
				  public regarding the proposed rule.
(2) "Affects market competition" means:
(A) creates a barrier to market participation
				  in this state; or
(B) results in
				  higher prices or reduced competition for a product or service provided by or to
				  a license holder in this state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.203 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing a period of days in this subchapter, if the
					 last day of any period is a Saturday, Sunday, or a national or state holiday
					 included in Section
					 RSA 662.003(a) or
					 (b) of the Texas Government Code, the period
					 is extended to include the next day that is not a Saturday, Sunday, or national
					 or state holiday.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.204 - Submission of Proposed Rule to Division

Current through Reg. 49, No. 28; July 12, 2024
(a) A state agency must submit to the
				  division, before final adoption or implementation, any proposed rule that has
				  been published in the
Texas Register,
including a new rule, a
				  rule change, a rule repeal, or a rule readoption, if:
(1) the state agency determines that the
				  proposed rule would affect market competition in this state relating to a
				  business, occupation, or profession for which a license is issued; or
(2) the division identifies the proposed rule
				  as one that it has reason to believe may affect market competition in this
				  state relating to a business, occupation, or profession for which a license is
				  issued.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.205 - Public Notice of Proposed Rule Submission

Current through Reg. 49, No. 28; July 12, 2024
Not later than the 10th business day after the date that
					 the division receives a proposed rule submission from a state agency, the
					 division shall:
(1) make available to
				  the public on the division's website the rule submission memorandum submitted
				  by the state agency;
(2) provide
				  notice on the division's website that the division is accepting public comments
				  on the proposed rule and the deadline and instructions for submitting public
				  comments; and
(3) notify by email
				  all persons who have requested notification of proposed rule submissions
				  received by the division.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.206 - Supplementation of Proposed Rule Submission

Current through Reg. 49, No. 28; July 12, 2024
(a) While a proposed rule is being reviewed
				  by the division, the state agency must provide to the division:
(1) copies of any administrative records
				  regarding the proposed rule created, received, or consulted by the state agency
				  after submission of the proposed rule to the division, including any
				  information or comments received from the public after the submission;
				  and
(2) any amendments to the
				  proposed rule that the state agency intends to adopt and that were not included
				  in the proposed rule submission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.207 - Review of Proposed Rule by Division

Current through Reg. 49, No. 28; July 12, 2024
(a) The division shall conduct a thorough,
				  independent review of each proposed rule submitted to the division under §
				  5.204 of this subchapter to determine:
(1) if
				  the effect of the proposed rule on market competition is consistent with state
				  policy as established by the state agency's governing statute; and
(2) whether the proposed rule promotes a
				  clearly articulated and affirmatively expressed policy as established by the
				  legislature to displace competition with government action.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.208 - Public Comments on Proposed Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In conducting a review of a proposed rule, the division shall solicit and
				  consider written public comments from identified persons submitted to the
				  division before the deadline provided on the division's website.
(b) Except as provided in subsection (c) of
				  this section, the division shall accept and consider public comments submitted
				  to the division on or before the 30th day after the date that the rule
				  submission memorandum for the proposed rule is made available to the public on
				  the division's website.
(c) At the
				  request of a state agency in a rule submission memorandum, and upon the state
				  agency's showing of an extraordinary circumstance or a need for the state
				  agency to meet a statutory or administrative deadline, the division may provide
				  for a shorter public comment period of not less than 10 days on a proposed rule
				  in order for the division to conduct an expedited review of the proposed
				  rule.
(d) The division may, but is
				  not required to, consider public comments regarding a proposed rule received by
				  the division outside of the public comment period provided by the division
				  under subsection (b) or (c) of this section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.209 - Determination by Division on Proposed Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than the 90th day after the
				  postmark date of a state agency's mailed proposed rule submission or the date
				  on which the division receives a state agency's hand delivered or emailed
				  proposed rule submission, the division shall issue a determination letter
				  approving or rejecting the proposed rule.
(b) The division shall include in the
				  determination letter an explanation of the division's reasons for approving or
				  rejecting the proposed rule, including a discussion of the division's
				  determination regarding the consistency of the proposed rule with applicable
				  state policy. If the division rejects a proposed rule, the division shall
				  include in the determination letter instructions for revising the proposed rule
				  to be consistent with applicable state policy. At its discretion, the division
				  may provide either precise or general instructions for revising the proposed
				  rule and must identify its instructions as such.
(c) The division shall send the determination
				  letter to the state agency head, the presiding officer of the governing body of
				  the state agency, and, if different from the state agency head or presiding
				  officer, the agency staff or governing body member who submitted the proposed
				  rule to the division, and shall make the determination letter available to the
				  public on the division's website.
(d) A determination letter issued by the
				  division is not subject to appeal.
(e) The division may issue an addendum to a
				  determination letter approving or rejecting an amendment to the proposed rule
				  provided to the division under § 5.206(c) of this subchapter. In issuing
				  an addendum, the division shall follow the procedures in subsections (b) and
				  (c) of this section and must issue the addendum not later than the 30th day
				  after the division's receipt of the amendment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.210 - Final Adoption and Implementation of Proposed Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) A state agency may finally adopt and
				  implement a proposed rule required to be submitted to the division under §
				  5.204 of this subchapter only if:
(1) the
				  division issues a determination letter approving the proposed rule under §
				  5.209 of this subchapter; or
(2)
				  the division issues a determination letter rejecting the proposed rule under
				  § 5.209 of this subchapter with precise instructions for the revision of
				  the proposed rule and the state agency revises the proposed rule according to
				  the division's instructions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.211 - Division Information Requests

Current through Reg. 49, No. 28; July 12, 2024
When deciding whether to direct a state agency to submit a
					 proposed rule to the division under § 5.204(a)(2) of this subchapter, the
					 division may request information from the state agency relating to the proposed
					 rule. Any information provided in response to such a request must be submitted
					 in writing from an identified agency staff or governing body member and will be
					 made available to the public by the division.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.212 - Limitation of Division Consideration to Public Information

Current through Reg. 49, No. 28; July 12, 2024
When conducting a review of a proposed rule under §
					 5.207 of this subchapter or deciding whether to direct a state agency to submit
					 a proposed rule to the division under § 5.204(a)(2) of this subchapter,
					 the division may only consider information or communications that are:
(1) submitted to the division in writing from
				  an identified person and made available to the public;
(2) submitted in a public hearing; or
(3) generally known to the
				  public.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 1 - OFFICE OF THE GOVERNOR › Chapter 5 - GENERAL ADMINISTRATION › Subchapter C - REGULATORY COMPLIANCE DIVISION › Section 5.213 - Division Website

Current through Reg. 49, No. 28; July 12, 2024
The division shall maintain a website on which the division
					 makes available to the public:
(1) the
				  rule submission memorandum for each proposed rule that is currently under
				  review by the division;
(2) the
				  deadline and instructions for submitting public comments on each proposed rule
				  that is currently under review by the division;
(3) all determination letters issued by the
				  division, including any addenda to determination letters issued by the
				  division;
(4) a means through which
				  any person may sign up to be notified when the division receives a proposed
				  rule submission or issues a determination letter on any proposed rule;
				  and
(5) a means through which any
				  person may request publicly available documents not maintained on the
				  division's website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter A - GENERAL RULES › Section 6.3 - Purpose and Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This title is adopted for the following purposes:
(1) to establish and explain the practice and
				  procedures followed by the commission and its employees performing its duties
				  under the law; and
(2) to provide
				  specific guidance necessary to encourage and ensure full compliance with all
				  laws administered and enforced by the commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter A - GENERAL RULES › Section 6.5 - Authority to Adopt Rules

Current through Reg. 49, No. 28; July 12, 2024
This title is adopted under the authority granted by the
					 Act, the Administrative Procedure Act, and by any other law administered and
					 enforced by the commission that establishes the commission's authority to adopt
					 rules.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter A - GENERAL RULES › Section 6.7 - Actions That Require Six Votes

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following actions require the affirmative vote of no less than six members of
				  the commission:
(1) to adopt a rule to
				  administer any law administered and enforced by the commission;
(2) to render any decision on a complaint or
				  a report of a violation as provided by the Government Code, Chapter 571
				  (concerning Texas Ethics Commission), other than a final decision after a
				  formal hearing that a violation has not occurred, which requires only five
				  votes;
(3) to prohibit
				  participation by a member of the commission in commission proceedings relating
				  to the investigation, complaint, or motion;
(4) without a sworn complaint, to initiate a
				  preliminary review of an alleged violation of a law administered or enforced by
				  the commission;
(5) to subpoena and
				  examine witnesses and documents that directly relate to a sworn complaint and
				  issue a written request to a peace officer to serve a subpoena of the
				  commission in the manner prescribed for service of a district court
				  subpoena;
(6) to order and perform
				  a complete audit at an informal or formal hearing of a sworn complaint or
				  commission-initiated complaint; and
(7) to initiate civil enforcement actions and
				  refer matters to the appropriate prosecuting attorney for criminal
				  prosecution.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter A - GENERAL RULES › Section 6.9 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  states how to compute a period of time prescribed or allowed by this title, by
				  any order of the agency, or by any applicable statute. The day of the act,
				  event, or default after which the designated period of time begins to run is
				  not included. The last day of the period is included. However, if the last day
				  of the time period would be a Saturday, a Sunday, or a legal holiday, the
				  period is extended until the next day that is not a Saturday, a Sunday, or a
				  legal holiday. A legal holiday, for purposes of this section, is any day other
				  than a Saturday or Sunday that the agency is closed for a holiday established
				  by state law.
(b) A time period
				  described by statute or this title to be a certain number of business days is
				  calculated under subsection (a) of this section without including any Saturday,
				  Sunday, or legal holiday within that time period.
(c) A document required to be filed or served
				  by a deadline established by statute or this title is filed or served when it
				  is actually received. A document may be deemed to be filed or served when it is
				  deposited with the United States Postal Service, properly addressed to the
				  recipient, with all postage prepaid. The date of the postmark on the envelope
				  for the document is presumed to be the date the document was deposited with the
				  United States Postal Service.
(d) A
				  document filed or served by delivery to the United States Postal Service is
				  presumed to have been filed before 5:00 p.m. on the date indicated by the
				  postmark.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter B - OFFICERS AND EMPLOYEES OF THE COMMISSION › Section 6.21 - Officers of the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission shall select a presiding officer and a vice-presiding
				  officer.
(b) Commission officers
				  are elected annually by majority vote of the commission. The election shall
				  take place at the first commission meeting held after June 1 of each year. Each
				  officer shall serve until his or her successor is selected.
(c) The presiding officer and the
				  vice-presiding officer shall be elected from different political party caucus
				  lists.
(d) The presiding officer
				  may be re-elected; however, if a new presiding officer is elected it should be
				  from a different political party caucus list than the former presiding
				  officer.
(e) The presiding officer
				  shall preside at all meetings of the commission. While presiding, the presiding
				  officer shall direct the order of the meeting, appoint committees and persons
				  to chair committees, recognize persons to be heard at hearings, set reasonable
				  and necessary time limits for speakers, and take other actions to clarify
				  issues and preserve order. When the presiding officer is absent, the
				  vice-presiding officer shall perform all duties of the presiding
				  officer.
(f) The presiding officer
				  may perform the following actions of the commission:
(1) Sign previously approved subpoenas and
				  orders;
(2) Schedule hearings and
				  meetings;
(3) Timely respond to
				  litigation matters on behalf of the commission when action is required before
				  the next scheduled meeting and is within the scope of the authorization granted
				  by the commission; and
(4) Respond
				  to matters on behalf of the commission when action is required and is within
				  the scope of the authorization granted by the commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter B - OFFICERS AND EMPLOYEES OF THE COMMISSION › Section 6.23 - Commission Staff

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director is the chief administrative officer of the agency. The executive
				  director shall attend commission meetings at the pleasure of the commission and
				  serve as liaison between the commission and the public.
(b) The commission delegates to the executive
				  director all powers conferred on the commission by the Act or other law, except
				  for any power that requires a vote of the commission. Any action taken by the
				  executive director shall conform with all applicable law, including this title
				  and other policies that may be adopted from time to time by the
				  commission.
(c) The executive
				  director shall attend commission meetings unless specifically excused by the
				  commission and shall perform any duties or assignments established by the
				  commission.
(d) The general counsel
				  shall attend commission meetings unless specifically excused by the commission,
				  shall provide legal advice to the commission and executive director, and shall
				  perform any duties delegated by the executive director.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter B - OFFICERS AND EMPLOYEES OF THE COMMISSION › Section 6.25 - Appointment and Operation of Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission by resolution may
				  establish one or more committees to obtain the viewpoints and advice of
				  interested persons with respect to any contemplated rulemaking. The membership
				  or method of appointment of members to a committee established under this
				  section shall be specified in the resolution that creates the committee. A
				  committee created under this section is advisory only.
(b) In addition to committees established
				  under subsection (a) of this section, with the consent of other members of the
				  commission the presiding officer may from time to time establish and appoint
				  commission members and others to a special committee to exercise advisory
				  duties specified by the presiding officer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.33 - Frequency of Meetings

Current through Reg. 49, No. 28; July 12, 2024
The commission shall meet at least once a quarter at the
					 call of the presiding officer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.35 - Called Meetings

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall give notice to each
					 commissioner of the date and time of each meeting. Notice under this section
					 shall be provided a reasonable amount of time in advance of the meeting, and
					 may be by telephone, fax, or mail.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.37 - Open Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by subsection (b) of this section, each meeting of the commission
				  shall be conducted in accordance with the Open Meetings Law.
(b) A commission meeting limited to
				  consideration and action on matters relating to sworn complaints is not subject
				  to the Open Meetings Law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.39 - Meeting Agenda

Current through Reg. 49, No. 28; July 12, 2024
(a) The agenda
				  shall consist of agenda items proposed by the executive director prior to the
				  meetings for which the agenda is specified. At a reasonable time before filing
				  a copy of the agenda as required by the Open Meetings Law, the executive
				  director shall provide a copy of the proposed agenda to the presiding officer.
				  If the presiding officer is not reasonably available, the executive director
				  shall provide a copy of the proposed agenda to the vice-presiding officer. If
				  the vice-presiding officer is not reasonably available, the executive director
				  shall provide a copy of the proposed agenda to any two commissioners.
(b) The presiding officer, a commission
				  member with the consent of the presiding officer, or any two commissioners may
				  direct the executive director to include an item on the agenda if it complies
				  with the posting requirements specified by law. The presiding officer may
				  direct the executive director to remove an item included on a proposed agenda
				  unless that item is requested by two commission members other than the
				  presiding officer.
(c) A member of
				  the public may ask the executive director to place an item on a proposed
				  agenda. The executive director shall advise the commission of the request and
				  may include the item on a proposed agenda.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.41 - Public Hearing and Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  public hearing on an agenda item shall be conducted when required by law or
				  requested by a commissioner.
(b)
				  The executive director shall prepare and maintain a plan for providing special
				  assistance (including without limitation translation of the English language)
				  to persons who request such assistance for the purpose of attending, observing,
				  or participating in a commission meeting.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.43 - Speakers Addressing the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall prescribe a
				  speaker registration form. Each person who wishes to speak at a commission
				  meeting shall provide the following information:
(1) the speaker's name;
(2) the person or entity the speaker
				  represents, if any;
(3) the agenda
				  item the speaker wishes to address; and
(4) his or her mailing address and telephone
				  number.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.45 - Order and Conduct of Commission Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The presiding officer shall preside at all meetings of the commission. The
				  presiding officer shall direct the order of the meeting in accordance with its
				  agenda, recognize persons to be heard, set reasonable and necessary time limits
				  for speakers, maintain and enforce appropriate standards of conduct, and take
				  any other action necessary in his or her discretion to clarify issues and
				  preserve order. When the presiding officer is absent, the vice-presiding
				  officer shall perform all duties under this subsection.
(b) Commission meetings shall be conducted in
				  accordance with rules and procedures set forth in the most recently published
				  edition of Robert's Rules of Order.
(c) With unanimous consent of all
				  commissioners present, any provision or requirement of this section may be
				  waived.
(d) No action of the
				  commission that otherwise complies with law shall be void or invalid because
				  the action was taken in violation of a rule or procedure established by this
				  section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter C - COMMISSION MEETINGS › Section 6.47 - Tape Recording of Meeting; Minutes

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  meetings of the commission shall be tape recorded. The tape recording shall be
				  the official record of actions taken at the meeting.
(b) The presiding officer shall announce the
				  names of each commissioner who makes or seconds a motion to be voted upon by
				  the commission. After the vote has been taken, the presiding officer shall
				  announce the vote in a manner that identifies how each commissioner voted, if a
				  commissioner abstained, or if a commissioner was not present for the
				  vote.
(c) The executive director
				  shall prepare minutes after each meeting that reflect all commission votes and
				  other actions taken during the meeting. The minutes shall be approved by vote
				  of the commission at a subsequent commission meeting.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter D - RULEMAKING PROCEDURES › Section 6.61 - Comments on Proposed Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Written comments on a proposed rule received at the agency office shall be
				  reviewed by the executive director and made available to each member of the
				  commission before final action to adopt the rule.
(b) Oral or written comments on a proposed
				  rule may also be offered at the public hearing required by §
										RSA
				  6.63 of this title (relating to Public
				  Hearings on Proposed Rules).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter D - RULEMAKING PROCEDURES › Section 6.63 - Public Hearings on Proposed Rules

Current through Reg. 49, No. 28; July 12, 2024
The commission will hold a public hearing on each proposed
					 rule before it takes final action to adopt the rule. Unless otherwise
					 scheduled, the public hearing will be held immediately before the commission
					 votes on the proposed rule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter E - AGENCY FEES AND CHARGES › Section 6.81 - Charges; Payment of Money; Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  fee or charge payable to the agency shall be paid in advance, unless
				  satisfactory arrangements for subsequent payment are approved by the executive
				  director.
(b) Money paid by actual
				  mistake or in excess, such as a payment not required by law, may be refunded. A
				  mere change of purpose after the payment of money, as when a party desires to
				  withdraw a filing, will not entitle a party to a refund.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter E - AGENCY FEES AND CHARGES › Section 6.83 - Copying Charges

Current through Reg. 49, No. 28; July 12, 2024
The charge for providing copies of documents shall be in
					 accordance with rules established by the General Services Commission or other
					 applicable law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 6 - ORGANIZATION AND ADMINISTRATION › Subchapter E - AGENCY FEES AND CHARGES › Section 6.87 - Waiver of Fees for Copies or Publications

Current through Reg. 49, No. 28; July 12, 2024
The executive director may waive or reduce a charge
					 established by this subchapter when, in his or her discretion, a waiver or
					 reduction of the fee is in the public interest because furnishing the
					 information primarily benefits the general public.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.1 - 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: AOR number--An advisory opinion request file number assigned by the
				  executive director to a pending advisory opinion request in accordance with
				  this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.3 - Subject of an Advisory Opinion

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The commission may only issue a written advisory opinion on the application of
				any of the following laws:
(1) Government
				Code, Chapter 302 (concerning Speaker of the House of
				Representatives);
(2) Government
				Code, Chapter 303 (concerning Governor for a Day and Speaker's Reunion Day
				Ceremonies);
(3) Government Code,
				Chapter 305 (concerning Registration of Lobbyists);
(4) Government Code, Chapter 572 (concerning
				Personal Financial Disclosure, Standards of Conduct, and Conflict of
				Interest);
(5) Government Code,
				Chapter 2004 (concerning Representation Before State Agencies);
(6) Local Government Code, Chapter 159,
				Subchapter C, in connection with a county judicial officer, as defined by
				Section
				RSA 159.051,
				Local Government Code, who elects to file a financial statement with the
				commission;
(7) Election Code,
				Title 15 (concerning Regulating Political Funds and Campaigns);
(8) Penal Code, Chapter 36 (concerning
				Bribery and Corrupt Influence);
(9)
				Penal Code, Chapter 39 (concerning Abuse of Office);
(10) Government Code, §
										RSA 2152.064
				(concerning Conflict of Interest in Certain Transactions); and
(11) Government Code, §
										RSA 2155.003
				(concerning Conflict of Interest).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.5 - Persons Eligible to Receive an Advisory Opinion

Current through Reg. 49, No. 28; July 12, 2024
A person who is subject to one of the laws described in
				  §
									RSA
				  8.3(a) of this chapter
				  (relating to Subject of an Advisory Opinion) may request an opinion that
				  advises how the law applies to that person in a specific real or hypothetical
				  factual situation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 8 - ADVISORY OPINIONS › Section 8.7 - Request for an Advisory Opinion

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A request for an advisory opinion shall describe a specified factual situation.
				The facts specified may be real or hypothetical. The request must provide
				sufficient detail to permit the commission to provide a response to the
				request, including the name of the person making the request and, if
				applicable, the name of the person on whose behalf the request is
				made.
(b) A request for an advisory
				opinion shall be:
(1) in writing;
				and
(2) mailed or hand-delivered to
				the commission at the agency office or emailed to the commission's email
				address designated for receiving requests.